This webite is operated by Headnoise Apparel Pty Ltd. Throughout this Site, the terms “we”, “us”, “our” and “Headnoise Apparel” all refer to the Australian company Headnoise Apparel Pty Ltd (ACN: 675 270 416). Headnoise Apparel offers this Site, including all information, tools and services available from this Site (“Site” includes www.headnoiseapparel.com, headnoiseapparel.com.au, headnoise.co, mobile app and our various social media platform accounts) to you, the user/customer, conditioned upon your acceptance of all terms, conditions, notices and policies stated below. 

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following “Terms and Conditions”, including those additional Terms and Conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of this Site (including our various social media platform accounts), including without limitation users who are customers, browsers, vendors, merchants, content creators and/or contributors of content. 

Please read these Terms and Conditions thoroughly before accessing, contributing, responding to or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions detailed, then you should not access the Site or use any services we provide. We maintain the right to stop anyone who fails to comply with these Terms and Conditions to access our Site. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. 

Any future features or tools which are added to the current Site shall also be subject to the Terms and Conditions. We reserve the right to update, change or replace any part of our Site and these Terms and Conditions without notice. We may provide updates of any changes via posting updates and/or changes to our Site. It is your responsibility, as a user of our Site, to check this page periodically for changes and updates to our Terms and Conditions. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 

You may not use our Site for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature via or through our Site. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Service and access to our Site. 

Further to the above, we reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to copy, sell, reproduce, resell, duplicate, or exploit any portion of the Site and our Service to you as a customer without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions. 

Our Site store is hosted by Shopify Inc. They provide Headnoise Apparel with the online e commerce platform that allows us to sell our products and services to you. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Headnoise Apparel does not accept liability for any loss or damages caused by this Site, or any Site linked to this Site. Headnoise Apparel reserves the right to refuse or cancel service to anyone for any reason (including an order) at any time giving fair reason (for example: internet outage, cyber attack or other technical error, not for personal use, fraudulent activity, etc.).

We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If we do cancel an order we will make all reasonable efforts to contact the purchaser on the details which have been provided with the order and all monies received will be refunded using the original payment method.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error free. Before using our Site please ensure you are aware of this.

In no case shall Headnoise Apparel, our directors, officers, employees, affiliates, contractors, suppliers, service providers, or agents be liable for any injury, loss, claim, or any direct, indirect, punitive, incidental, special, or consequential damages of any kind, including, without limitation lost profits, lost savings, lost data, lost revenue, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or Service or any products procured using our Site or service, or for any other claim related in any way to your use of the Site/Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

The nominated currency used for all transactions on our Site is Australian Dollars (AUD$) and includes a 10% GST (Australian Goods and Service Tax). This is applicable to all orders containing an Australian address. When Australian goods are exported to an address outside of Australia then the GST component of the price will be removed and the export price will be exclusive of GST. This will adjust automatically at your checkout when your address is entered. However, as noted on our Shipping and Delivery page, you may be liable to pay Import and/or Customs duties for your relevant jurisdiction.

At times we may discount our products. Any savings received on the sale product will be compared against our original full retail price initially listed for the product on our Site when it was first introduced. Our original full retail price is our reference price for you to compare your potential price savings.  Items which are on sale can change price from time to time and may revert back to another sale price as opposed to the original full price. We always list any potential savings on all sales from our original full retail price. This means the full retail price might not be the price that was offered before the current sale price.  Products may also have been on sale for longer than the period at the previous price.  

Crossed out price is the original full retail price. It may not be the price offered immediately before as previous markdowns may have applied. Markdowns may continue for longer than the previous price.

Prices for any of our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product or Service (including any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any price change, modification, suspension or discontinuance of our Service. 

You agree to provide current, complete and accurate account, address and purchase details for all purchases made on our Site. You agree to promptly update your account and other information, including your physical delivery address, email address and/or credit card numbers and expiration dates, so that there is no delay in fulfilling your order and contacting you as needed. 

We sell our products mostly via our Site. Some products may be sold in person (such as at retail stores or pop up shops). Our products or services may have limited quantities and are subject to return or exchange as detailed on our Returns Policy page.

We make every effort to display on our Site as accurately as possible the description,
size, shape, colours, materials and images of our products that appear in our store. We cannot guarantee that your computer (which includes smart phones, tablets, etc) monitor's display of any product will display an accurate representation of our product. At times, some products will also be displayed in an environment which impacts its true representation, impacting the accuracy of the product (especially on our social media platforms) presentation on our Site.

Please see our dedicated Shipping and Delivery page for up to date details about our Terms and Conditions relating to delivery of your products.

Headnoise Apparel has a growing community which access our products and services via numerous social media platforms. We post details about our community, inspirational quotes and messages, information about holistic health, growth mindset and improving yourself everyday and so much more. Our aim in using these platforms is to help turn negative energy into positive energy and we hope our community approaches these platforms the same way. With so much negative energy in the world we live in we want our Site to be a place of positivity, inspiration and a place to encourage a growth mindset. At times we may receive comments or users may not approach our Site in the same way and where we feel necessary to maintain a high standard of positivity on the platform we may delete negative comments to other users and/or any of our messages and information used on our Site.

In terms of responding to our community on our Site (which includes our social media platforms), we always do our best to read and respond to as many comments as possible. At times we get busy and we may not respond to all or may miss something. We are human and not a bot! If you have an urgent enquiry or if you would like to discuss a matter further, our most reliable platform is contacting our Customer Support Team.

If you tag any images with any of our social media handles, (which may change from time to time) you agree you are not contravening any Copyright/Trade/Privacy or other intellectual property laws, are voluntarily submitting the content and by doing so give Headnoise Apparel the unrestricted right to use, in any capacity without limitation and without compensation or renumeration this same content.
By consenting to the use of your Content, you also:

• Acknowledge that your content may appear of Headnoise Apparel Sites;
• Grant Headnoise Apparel and any of its affiliates a non-exclusive, transferable, worldwide, royalty-free, irrevocable, perpetual right and licence without compensation to use your content as set out in these Terms and Conditions;
• You give us your permission for us to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your Content or any part of it;
• Confirm that the content is your original creation and not copied from third parties,
• Confirm that you have all the rights necessary to allow us to use this content;
• Your content is free from viruses and other malware;
• Waive any moral rights you may have in your Content, such as any right you may have to be named as the author of the Content or to protect the integrity of your Content;
• If your Content is corrupted, inappropriate, illegible or otherwise not in accordance with these Terms and Conditions then we will not accept your Content.

By using our Site (including responding on our social media platforms), you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Headnoise Apparel, in its complete discretion, reserves the right to remove posts (which includes user comments) we consider unlawful, offensive, hurtful, spam, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or our Terms and Conditions or does not in an overall sense help to turn negative energy into positive energy.

You may not pretend to be someone other than yourself, use a fake email address or alias, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy on our Site. We take no responsibility and assume no liability for any comments posted by you or any third party. Promotion for commercial services will be removed from our Site unless prior permission has been received or it is an authorised Headnoise Apparel partner.

If you send us creative ideas, suggestions, proposals, plans, or other materials, by any medium/format you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and/or otherwise use in any medium that information that you forward to us. We are under no obligation to pay you compensation for this information or to maintain this information in confidence. 

Headnoise Apparel promotes the art of turning negative energy into positive to promote holistic health of our community. At times, we do publish product reviews on our Site to assist our community to make informed decisions about our products and which is best for them. Please note we will not publish reviews that are hurtful, abusive, unhelpful or which is too negative for our approach to optimal holistic health. If you wish to provide direct feedback, please contact our Customer Support Team. We do appreciate constructive feedback.

Headnoise Apparel promotes optimal holistic health for all of our community. The way our community achieves this is varied but maintaining a positive attitude to life and a growth mindset is a cornerstone to achieving this state of mind, body and action. At times, we source information and post links and information from third-parties with the aim of educating and improving each of our community members’ holistic health.

Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties which we refer to on our Site. We do not understand each individual users health status and medical background and the user of our Site must ensure any information we refer to on our Site, which is provided by a third party Site, is appropriate for their own health and well-being.  

We are not liable for any harm or damages related to the implementation, purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and information reproduced on our Site. To ensure the appropriateness for your health and accuracy of information and claims, please review carefully the third-party's policies, terms and conditions and practices and make sure you understand them before you engage in any transaction and use of such information. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party, not Headnoise Apparel. 

If, at our request, you send certain specific submissions (for example: contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

1. to maintain any comments in confidence;
2. to pay compensation for any comments; or
3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through our Site is governed by our Privacy Policy.

We do our best to maintain our Site on a regular basis to reduce risk of any inaccuracies, errors or omissions. Occasionally there may be information on our Site that contains inaccuracies, typographical errors, or omissions. This may relate to product pricing and descriptions, promotions, offers, product shipping timeframes and charges, and the availability of products. We reserve the right to correct any inaccuracies, errors or omissions, and to change or update information or cancel orders if any information in our service or on our Site is inaccurate at any time without prior notice (including after you have submitted your order). 

No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated. 

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You agree to indemnify, defend and hold harmless Headnoise Apparel and our directors, officers, agents, partners, contractors, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

In the event that any provision of these Terms and Conditions are determined to be void, unlawful, 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions. 

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions 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 govern 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 and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. 

Questions about the Terms and Conditions should be sent to our Customer Support Team.