Terms of service

PREAMBLE 
Welcome to the House of Club Eildon. Throughout this document, "we," "us," and "our" denote Club Eildon. Club Eildon presides over this store and website, together with the whole of its information, content, features, tools, and services. as a singular, curated expression of our craft (the "Services"). Club Eildon's Services are rendered upon the Shopify platform, whose infrastructure allows us to extend this experience to you. The provisions that follow, together with any policies incorporated herein (these "Terms of Service" or "Terms"), set forth the privileges and responsibilities attending your engagement with our Services. We invite you to read these Terms with the same attention we bring to our craft, as they touch upon matters of consequence, including disclaimers of warranty and limitations of liability. By visiting, engaging with, or otherwise making use of our Services, you accept these Terms of Service and our Privacy Policy in full. Should you decline either, we ask that you refrain from accessing our Services.

SECTION 1 — ADMITTANCE AND ACCOUNT
In accepting these Terms, you affirm that you have attained the age of majority within your state or province of residence, and that you extend your consent for any minor dependents in your care to make use of the Services upon devices you own or oversee. To partake of the Services, whether browsing our collections or acquiring the products and services we offer, you may be asked to furnish certain particulars, such as your electronic mail address, billing, payment, and shipping details. You affirm that all information you provide is accurate, current, and complete, and that you possess every right necessary to furnish it. You alone bear responsibility for safeguarding your account credentials and for all activity conducted under your account. Your account is personal to you and may not be transferred, sold, assigned, or licensed to another. 

SECTION 2 — OUR CREATIONS
We take the utmost care in presenting our products and services with fidelity within our online ateliers. Please be aware, however, that colour and appearance may vary according to the device upon which they are viewed, and the particular settings thereof. We offer no assurance that the appearance or quality of any item you acquire will correspond precisely to its rendering within our stores. All descriptions of our creations remain subject to revision at our sole discretion and without prior notice. We reserve the right to retire any item from our collections at any time, and to limit the quantities available to any individual, region, or jurisdiction, as we judge fit.

SECTION 3 — COMMISSIONS AND ORDERS
In placing an order, you extend to us an offer of purchase. Club Eildon reserves the discretion to accept or decline any order for reasons of its own. No order is deemed accepted until we confirm it as such, and confirmation follows only upon our receipt and processing of payment. We ask that you review your order with care before submission, as requests for cancellation may not be accommodated once an order has been accepted. Where we decline, amend, or cancel an order, we shall endeavour to notify you through the electronic mail address, billing address, or telephone number furnished at the time of order. Returns and exchanges are governed exclusively by our Refund Policy. You affirm that your purchases are intended for your own personal or household enjoyment, and not for commercial resale or export.

SECTION 4 — TARIFFS AND SETTLEMENT
Prices, privileges, and promotions remain subject to revision without notice. The price applied to your order is that in effect at the moment of placement, as reflected in your confirmation correspondence. Unless expressly stated otherwise, posted prices exclude taxes, shipping, handling, customs, and import charges. Prices presented within our online store may differ from those offered within our physical stores, or within stores operated by third parties. we Maison Eildon — Terms of Service Page 4 may extend promotions affecting price, governed by terms distinct from these; where such terms conflict with these Terms, the promotional terms shall govern.
 You undertake to furnish current, complete, and accurate information in connection with every purchase, and to update promptly your account details, including electronic mail address and payment credentials, so that we may complete your transactions and reach you as circumstance requires.You affirm that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are duly entitled to use the instrument of payment offered;
(iii) charges you incur will be honoured by your payment provider; and
(iv) you will remit all charges incurred at the posted tariffs, inclusive of shipping, handling, and applicable taxes.

SECTION 5 — CONVEYANCE AND DELIVERY 
We cannot be held answerable for delays in shipping or delivery. Estimated delivery windows are offered as a courtesy only and carry no guarantee. We bear no responsibility for delays occasioned by carriers, customs authorities, or circumstances beyond our command. Upon our transfer of goods to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY AND CRAFT
Our Services, inclusive of every trademark, insignia, text, image, graphic, review, and audiovisual work, together with the design, selection, and arrangement thereof remain the property of Club Eildon, its affiliates, or its licensors, and are protected under applicable patent, copyright, and intellectual property law. These Terms extend to you a license for personal, non-commercial enjoyment of the Services alone. You shall not reproduce, distribute, modify, adapt, publicly display or perform, republish, download, archive, or transmit any material from the Services absent our prior written consent. Save as expressly set forth herein, nothing in these Terms confers upon you any license or right under any patent, trademark, copyright, or other intellectual property belonging to Club Eildon, Shopify, or any third party. Unauthorised use of the Services may constitute infringement of applicable law. All rights not expressly granted are reserved to Club Eildon. The names, insignia, product and service designations, designs, and mottoes of Club Eildon are trademarks of Club Eildon, its affiliates, or licensors, and may not be used without our prior written permission. Shopify's name, insignia, and marks belong to Maison Eildon. All other marks appearing within the Services belong to their respective proprietors.

SECTION 7 — SUPPLEMENTARY INSTRUMENTS
You may, in the course of using our Services, be granted access to tools furnished by third parties, over which we exercise neither oversight nor influence. Such tools are extended to you "as is" and "as available," without warranty, representation, or endorsement of any kind. We accept no liability whatsoever arising from your use of these third-party instruments. Your engagement with any such optional tool is undertaken entirely at your own discretion and risk, and we encourage you to acquaint yourself with, and accept, the terms under which the relevant third party extends it. We may, in time, introduce further features to the Services, including new tools and resources. Any such addition shall be deemed part of the Services and governed by these Terms.

SECTION 9 — OUR RELATIONSHIP WITH SHOPIFY
Club Eildon's Services are rendered upon the Shopify platform, whose infrastructure enables our offering to you. Notwithstanding, every sale and purchase transacted within our store is concluded directly between you and Club Eildon. In making use of the Services, you acknowledge that Shopify bears no responsibility for any aspect of such transactions, including any injury, damage, or loss arising from the products or services purchased. You hereby release Shopify and its affiliates from all claim, damage, and liability arising from or connected to your dealings with Club Eildon.

SECTION 10 — PRIVACY
All personal information gathered through the Services is governed by our Privacy Policy, viewable here, and certain particulars may additionally fall under Shopify's Privacy Policy, viewable [here](https://www.shopify.com/legal/privacy/app-users). In making use of the Services, you acknowledge having read both. As the Services are hosted upon the Shopify platform, Shopify collects and processes information regarding your access to and use of the Services, so as to provide and refine them on our behalf. Information you submit will be conveyed to, and shared with, Shopify and select third parties, which may reside in jurisdictions other than your own, in furtherance of the Services. We invite you to consult our Privacy Policy [LINK] for further particulars.

SECTION 11 — YOUR COUNSEL AND OBSERVATIONS
Should you submit any idea, suggestion, observation, review, or proposal (collectively, "Feedback"), you extend to us a perpetual, worldwide, sub licensable, royalty-free license to use, reproduce, adapt, publish, distribute, and display such Feedback across any medium and for any purpose, commercial or otherwise, including in the refinement, promotion, and operation of the Services. You further affirm that:
(i) you hold every right necessary to your Feedback;
(ii) you have disclosed any compensation received in connection with it; and
(iii) it conforms to these Terms.

We assume no obligation to hold your Feedback in confidence, to compensate you for it, or to respond to it. We may, though we are under no obligation to, review, edit, or remove Feedback we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise contrary to these Terms or the rights of others. You undertake that your Feedback shall not infringe upon the rights of any third party, nor contain unlawful, abusive, or obscene material, nor any virus or malicious code. You shall not misrepresent your identity in furnishing Feedback. You bear sole responsibility for the accuracy of your Feedback; we accept no liability in connection with Feedback submitted by you or by others.

SECTION 12 — ERRORS AND OMISSIONS
On occasion, our Services may contain typographical error, inaccuracy, or omission touching upon product description, pricing, promotion, shipping charge, transit estimate, or availability. We reserve the right to correct such matters, and to amend information or cancel orders accordingly, at any time and without prior notice, including after an order has been placed.. 

SECTION 13 — CONDUCT UNBECOMING 
Access to and use of our Services is extended for lawful purpose alone. You shall not, directly or indirectly:

(a) employ the Services toward any unlawful or malicious end;
(b) contravene applicable law or regulation;
(c) infringe our intellectual property or that of others;
(d) harass, defame, or otherwise cause harm to our personnel or any person;
(e) convey false or misleading information;
(f) transmit or receive material contrary to these Terms;
(g) dispatch unsolicited advertising, "junk mail," or similar solicitation;
(h) impersonate any other person or entity; or
(i) engage in conduct that impairs the enjoyment of the Services by others, or that may, in our judgment, cause harm or liability to Club Eildon, Shopify, or our patrons.

You further undertake not to:
(a) introduce viruses or malicious code affecting the Services;
(b) reproduce, extract, or exploit any portion of the Services for commercial gain;
(c) collect the personal information of others;
(d) engage in spamming, phishing, or pretexting;
(e) employ automated means, including robots, scraping tools, or artificial intelligence agents to access the Services; or (
f) circumvent the security or access measures we employ.
We reserve the right to suspend, disable, or terminate your account without notice, should we determine a breach of these Terms.

SECTION 14 — AUTOMATED AGENTS
14.1) This section ("Agent Terms") governs any circumstance in which you employ, permit, or occasion the deployment of an Agent to access or engage with the Services. An "Agent" denotes any software or service acting autonomously or semiautonomously on behalf of, or at the direction of, a person or entity, without direct supervision. 14.2) No Agent may access or engage with the Services save where it identifies itself and conducts itself in strict accordance with Section 14.4, and provided we have not requested that it refrain from doing so. 4.3) We reserve the right to limit, by technical or other means, whether and how any Agent may access or engage with the Services. 14.4) An Agent must: (i) identify itself as such within every request, disclosing its designation by including "Agent/[agent name]" within the user agent string; (ii) refrain from concealing its automated nature, whether by mimicking human conduct or circumventing measures intended to distinguish human from automated use; (iii) respond truthfully to any inquiry as to whether it is human or automated; and (iv) refrain from circumventing any measure intended to govern Agent access to the Services.

SECTION 15 — TERMINATION
We reserve the right, at our sole discretion and without notice, to bring this agreement or your access to the Services to a close, in whole or in part. You remain answerable for all sums owed as of the date of termination. The following provisions shall endure beyond termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy, and any other provision that by its nature ought to survive.

SECTION 16 — DISCLAIMER OF WARRANTIES 
Information presented through the Services is offered for general purpose alone. We do not warrant its accuracy, completeness, or utility, and any reliance you place upon it is undertaken at your own risk. We disclaim all liability arising from such reliance, whether by you or any other visitor to the Services. EXCEPT AS EXPRESSLY STATED BY CLUB EILDON, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE FURNISHED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERROR. CERTAIN JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTY, SUCH THAT THE FOREGOING MAY NOT APPLY TO YOU IN FULL.

SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO INSTANCE SHALL CLUB EILDON, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE ANSWERABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGE OF ANY DESCRIPTION, INCLUDING LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COST, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCT PROCURED THEREBY, EVEN WHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 18 — INDEMNIFICATION
You undertake to indemnify, defend, and hold harmless Club Eildon, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers, from any loss, damage, liability, or claim including reasonable attorneys' fees, arising from
(1) your breach of these Terms,
(2) your violation of law or the rights of any third party, or
(3) your access to and use of the Services.

We shall notify you of any claim subject to indemnification, provided that delay in notice shall not relieve your obligation absent material prejudice. We may assume the defence and settlement of such claim at your expense, including the selection of counsel, though we shall not settle any claim imposing non-monetary obligation upon you without your consent, not unreasonably withheld. You shall cooperate in the defence of any indemnified claim, including through the provision of relevant documentation. 

SECTION 19 — SEVERABILITY
Should any provision of these Terms be found unlawful, void, or unenforceable, it shall nonetheless be given effect to the fullest extent permitted by law, with the unenforceable portion severed from these Terms; such determination shall not disturb the validity of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT 
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver thereof. These Terms, together with any policy or operating rule we post in connection with the Services, constitute the entire understanding between you and us, superseding any prior agreement, communication, or proposal, whether oral or written, including earlier versions of these Terms. No ambiguity herein shall be construed against the party that drafted it.

SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement, nor any right or obligation arising under it, without our prior written consent; any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without notice or consent.

SECTION 22 — GOVERNING LAW
These Terms, and any separate agreement pursuant to which we furnish you the Services, shall be governed by and construed in accordance with the law of the jurisdiction in which Club Eildon maintains its headquarters, and you and Club Eildon consent to the venue and jurisdiction of the courts thereof.

SECTION 23 — HEADINGS
The headings employed throughout this agreement are furnished for convenience alone and shall not limit or otherwise affect these Terms.

SECTION 24 — AMENDMENT OF TERMS
The most current version of these Terms may be consulted upon this page at any time. We reserve the right, at our sole discretion, to revise these Terms by posting an updated version to our website. We invite you to consult our website periodically for any such revision. We shall notify you of any material change in accordance with applicable law, and such change shall take effect as of the date specified in our notice. Your continued use of the Services following any such posting constitutes your acceptance of the revised Terms.

SECTION 25 — CORRESPONDENCE
Inquiries regarding these Terms of Service may be directed to us at hello@clubeildon.com.
Our particulars are set forth below:

Club Eildon | SALT ENT PTY LTD  
hello@clubeildon.com
ABN: 36 686 298 466