Last updated: 27th of July 2015
All content and all intellectual property which included text, graphics, user interfaces, visual interfaces, photographs, trademarks (registered or unregistered), logos, icons and computer code (collectively "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Theory Tot, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Use of the Website
You are solely responsible for all activity that occurs using your payment details and solely responsible to keep access to those details and any passwords secure. You agree to indemnify and keep indemnified Theory Tot against any claims or loss arising because of the unauthorised access to your payment details or passwords.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Theory Tot server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Theory Tot, including any Theory Tot Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Theory Tot systems or networks, or any systems or networks connected to the Site or to Theory Tot.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Theory Tot’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Theory Tot may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Theory Tot makes no commitment to update the materials on the Site with respect to such products and services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Shipping & Returns
Once you have clicked on the "confirm" button, it is not possible edit or cancel your order. If you want to change some parameters, please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member's account for Products claimed as damaged or not received are subject to Theory Tot investigation and discretion.
Theory Tot will review replacement/return requests, if there will be missing or damaged Products, or an error if it is Theory Tot’s fault. Theory Tot is not responsible for incorrectly provided Customer details, therefore the extra payment will be applied.
Description of Products
We always try to represent each design as accurately as possible, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate. We reserve the right to amend the specifications of, but not limited to, Products, their price and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
We strive to offer the best customer service for all of our users. Please feel free to contact us at email@example.com with any questions or concerns and we will be happy to help!
Online Accounts, Passwords & Security
Certain features or services offered on or through the Site may require you to open an Account (including setting up an Theory Tot username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Theory Tot immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Theory Tot or any other user of or visitor to the Site due to someone else using your Theory Tot username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else's Theory Tot username, password or account at any time without the express permission and consent of the holder of that Theory Tot ID, password or account. Theory Tot cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Accuracy, Completeness & Timeliness of Information
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.
Third Party Sites
The Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Theory Tot’s control, and Theory Tot is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Errors, Inaccuracies & Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Theory Tot does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Theory Tot cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Theory Tot disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Theory Tot disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Theory Tot services. You assume total responsibility for your use of the site and any linked sites. your sole remedy against Theory Tot for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties. Theory Tot reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Theory Tot be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Theory Tot has been advised of the possibility of such damages.
You agree to indemnify and hold Theory Tot, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Theory Tot by any third party due to or arising out of or in connection with your use of the Site.
Theory Tot may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Theory Tot’s rights or property, or the rights or property of visitors to or users of the Site, including Theory Tot’s customers. Theory Tot reserves the right at all times to disclose any information that Theory Tot deems necessary to comply with any applicable law, regulation, legal process or governmental request. Theory Tot also may disclose your information when Theory Tot determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Theory Tot may preserve any transmittal or communication by you with Theory Tot through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Theory Tot determines that such preservation or disclosure is reasonably necessary to
- comply with legal process
- respond to claims that any such data violates the rights of others
- protect the rights, property or personal safety of Theory Tot, its employees, users of or visitors to the Site, and the public
- requests by law enforcement or other government agencies
- a request by you (self-initiated account deletions)
- discontinuance or material modification of the Site or any service offered on or through the Site
- unexpected technical issues or problems
Governing Law & Dispute Resolution
If a dispute arises between you and Theory Tot, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the state of Victoria, Australia. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
Void Where Prohibited
Theory Tot administers and operates the www.theorytot.com Site from its location in Australia; other Theory Tot sites may be administered and operated from various locations outside of Australia. Theory Tot reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside of Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.
Feedback & Questions
Any feedback you provide at this site shall be deemed to be non-confidential. Theory Tot shall be free to use such information on an unrestricted basis.
If you have any feedback or questions please send us an email on firstname.lastname@example.org