Terms of service

ABOUT THE WEBSITE

The Tenth Co Pty Ltd (‘The Tenth Co, We, Us or Our’) welcomes you to a sunny state of mind at www.thetenthco.com (‘the 'Website'). For the avoidance of doubt, reference to ‘Website’ will additionally include any social medial channels that are operated by Us.

In addition, including but not limited to Our blogs, recipes, articles and interviews (‘the Services”), the Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Product / Products'). The Website provides this purchase service by way of granting you access to the content on the Website and registering as a member for the purpose of purchasing our Products (the 'Purchase Services’).

These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on the website and any applicable laws or regulations (collectively, the ‘Terms’ ) govern your use of, and access to our Website and the products and services provided therein, regardless of your means of access.

We encourage you to read these Terms, and contact us at hello@thetenthco.com if you have any specific questions in relation to the Terms. By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound to the Terms. If you do not agree with the Terms, you must stop usage of the Website, or any of services that our Website and any social media channels provides, immediately.

The Website is operated by THE TENTH CO Pty Ltd (ABN 27 654 853 399). Access to and use of the Website, or any of its associated Products or Services, is provided by THE TENTH CO Pty Ltd.

ACCEPTANCE OF TERMS

You accept these Terms by remaining on Our Website.

If you access and use any part of the Website on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Website or Content resulting from such access or use.

By agreeing to the Terms, you agree to receive our email newsletter which you are able to unsubscribe from, at any time, by emailing us at hello@thetenthco.com.

MODIFICATION

We do not promise nor guarantee to continue to offer or maintain the Website. We may, at any time and without prior notice to you, withdraw the Website from use and terminate any or all of the rights granted by the Terms.

We reserve the right to review and change any of the Terms by updating this page at Our  sole discretion at any time. We may modify or remove any part of these Terms, or content of the Website, at any time without notice. You agree that if these Terms are modified, that we will update this page and indicate the date that it was last modified or otherwise we may email you. Your continued use of the Website thereafter constitutes your acceptance of any changes to the Website or Terms. If you do not agree to any change, then you must immediately stop using the Website including the Purchase Services.

For any Product orders, it is your responsibility to read the Terms before placing an order online through our Website and check back often for any changes. In the event that changes are made by us following your order of Products, such changes will not affect your order unless such change is required to have been made by law.

REGISTRATION TO USE PURCHASE SERVICES

In order to access the Purchase Services, you must first register as a user of the Website through the registration portal when you add Products to cart to purchase. . As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:

• Email address
• Name
• Date of Birth
• Preferred username
• Mailing address 
• Phone number

You warrant that any information you give to THE TENTH CO Pty Ltd in the course of completing the registration process for the Purchase Services, will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and THE TENTH CO Pty Ltd reserve the right to refuse Product orders or otherwise not complete and refund any Product Orders if:

• you are not of legal age within your state, territory and Country, to form a binding contract with THE TENTH CO Pty Ltd; or
• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
• Don’t hold a valid credit or debit card issued by a bank that is acceptable to THE TENTH CO or hold any other means of payment that is acceptable to THE TENTH CO including but not limited to a valid Shopify, Stripe, Paypal, Klarna or Afterpay account;

We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions. 

OBLIGATIONS AS A MEMBER

As a Member, you agree to comply with and use the Purchase Services only for purposes that are permitted by:

• the Terms;
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify THE TENTH CO Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of THE TENTH CO Pty Ltd providing the Purchase Services;
• you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; 
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by THE TENTH CO Pty Ltd for any illegal or unauthorised use of the Website.

PERSONAL INFORMATION

In order to provide you with services relating to our Products or the Purchase Services, we are required to collect your personal information. Such personal information will be collected in accordance with our Privacy Policy which can be accessed here.

Information that we may require from you, includes but is not limited to, names, email address, postal address and postcode, together with some

By collecting your personal information, THE TENTH CO Pty Ltd, agree that this information is confidential and will be used for the provision of our services only unless otherwise required by law, pursuant to the terms of our Privacy Policy.

Notwithstanding the above, you warrant that the personal information and any health information that you provide to us, is truthful, accurate, current and complete to the best of your knowledge or belief. THE TENTH CO Pty Ltd, will not and does not accept any liability if you fail to provide us with personal information and health information that is truthful, current, complete and accurate.

PRIVACY STATEMENT

In our conscious effort to protect your privacy, THE TENTH CO Pty Ltd:

• will collect and use your personal information to help us provide the best products and services.
• will always try to collect your personal information directly from you. You have control over what information you give us.
• If you are not comfortable providing your personal information to us, you don’t have to. But remember it might impact the products and services we can provide to you – for example, we won’t be able to deliver our great products to you if you don’t provide a delivery address.
• We work to keep your personal information secure. When we don’t need it anymore, unless required by law, we will securely destroy your personal information. THE TENTH CO Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to THE TENTH CO Pty Ltd's Privacy Policy, which is available here.

PURCHASE OF PRODUCTS

In using the Purchase Services to purchase the Products through the Website, you agree to the payment of the purchase price as listed on the Website for the respective Products (the 'Purchase Price').

Payment of the Purchase Price may be made through Shopify, Stripe, PayPal, AfterPay or any other payment provider listed on the website (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and any other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by THE TENTH CO Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and THE TENTH CO Pty Ltd may record your purchase details for future use.

PRICING

Pricing of our Products are inclusive if GST and are displayed in Australia Dollars (AUD). If you are accessing our Website from outside of Australia, you will need to select the drop down option on the home page in the footer to show pricing in your local currency. Our prices are subject to change effectively immediately upon posting on the Website or by way of other forms of notification, as determined from time to time by Us.

REFUNDS AND REPLACEMENT

Due to the nature of our Products and associated health regulations, we cannot accept the return of any of our nutritional products as a result of your change in mind. It is essential that you choose to purchase our Products carefully ensuring that it suitable to you and based on advice received from a healthcare provider or general practitioner.

In the event that a Product is damaged and you are able to provide your receipt from THE TENTH CO Pty Ltd or other adequate proof of purchase, We may, at our sole discretion provide a refund or exchange of the Product, on the return of the Products within 14 days  from the date that the Product is received by you and where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund or replacement pursuant to this clause. Your remedies will be as set out under the Australian Consumer Laws to which our liability will be limited to replacement of the Product in question or otherwise a refund of the value of those Products. In the event that you believe our Products contain a defect, you must notify us immediately via email at hello@thetenthco.com and send through photo evidence of the damage to the Product prior to us agreeing to issue a refund or replacement Product.

Notwithstanding the above, our Products come with consumer guarantees that are under Australian Consumer Law that cannot be excluded, including guarantees that the Products are of acceptable quality. Such consumer guarantees will not be affected by our policy above relating to change of mind. THE TENTH CO Pty Ltd will require at all times, proof of purchase prior to providing any remedy under Australian Consumer Law. THE TENTH CO Pty Ltd agree and acknowledge that consumer guarantees cannot be excluded or limited and are in addition to any manufacturer warranties or extended warranties purchased by or give to you.

DELIVERY AND SHIPPING

You acknowledge that the Purchase Services offered by THE TENTH CO Pty Ltd integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

In providing the Purchase Services, THE TENTH CO Pty Ltd may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that THE TENTH CO Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the event that an item is lost or damaged in the course of the Delivery Services, THE TENTH CO Pty Ltd asks that you:

• contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and 
• contact us by sending an email to hello@thetenthco.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services; and
• you may be required to provide Us with a photograph of your Product and / or the delivery packaging to assist with obtaining a resolution for you.

SHIPPING & DELIVERY OPTIONS

Once you have purchased a Product / Products through the Purchase Services (“your order”), if not immediately then within 1 -2 days, you will receive an invoice emailed to you from Us, using the email address that you have provided at checkout. Please ensure that you choose your Product/s carefully and the amount of Products carefully, as your order will not able to be edited or cancelled.

If you place your order over a weekend or on a public holiday it will be processed and sent out the following business days (Monday to Fridays) as applicable. Full tracking details of your order will be sent to you, once your order has been shipped.

Please see below for our delivery options for delivery around Australia and Internationally.

AUSTRALIA & NEW ZEALAND

 

INTERNATIONAL

 

Please note: Shipping times are a guide only and subject to change. You may experience slightly longer delivery times from time to time, due to wild weather, or due to other postal service delivery issues that are unforeseen or unavoidable events beyond our reasonable control. Online orders are processed and shipped from Melbourne, Victoria and therefore we follow any Victorian Public Holidays.

Any additional taxes or duties applied by customs at the destination country are the responsibility of the delivery recipient. Please note in accordance with Australian export regulations we are required to declare the exact value of all items and identify the order as dutiable “merchandise” and are prohibited by law from identifying an order as a “gift” for export purposes.

Your local customs office will be able to assist you with any further information regarding taxes, duties and customs.

DEFECTS FOLLOWING RECEIPT OF DELIVERY

Upon receipt of the Products, you must examine the Products for defects or mis-shipment upon delivery and notify Us of such defects in writing within 7 business days of delivery to you. If you do not notify Us within 7 business days of delivery, you shall be deemed to have accepted the Products.

COPYRIGHT AND INTELLECTUAL PROPERTY

For the purpose of this clause, Intellectual Property Rights means and includes but is not limited to patents, copyright, domain names, trading names, social media content, trade marks, rights in goodwill, rights in confidential information and any other intellectual property rights whether or not these are registered or unregistered or in the process of being registered (by way of applications), renewals, or extensions of such rights and all similar rights which apply and remain in force and effect, now or in the future anywhere in the world.

The Website, the Purchase Services and all of the related products and Services of THE TENTH CO Pty Ltd are subject to copyright and Intellectual Property Rights. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by THE TENTH CO Pty Ltd or its contributors.

THE TENTH CO Pty Ltd retains all rights, title and interest in and to the Website and Content. Nothing you do on or in relation to the Website will transfer to you:

• The copyright or any Intellectual Property Rights of and related to,  THE TENTH CO Pty Ltd; or the business name, patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world
• a system, formulas or process whether or not it is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not, without the prior written permission of THE TENTH CO Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

THE TENTH Co makes no representations or warranties about whether your use of the Website or Content will, or will not, infringe any Intellectual Property Rights, including those of THE TENTH CO or any third party.

LIMITED LICENCE

THE TENTH Co Pty Ltd, grant you a limited, revocable, and non-exclusive licence to access the Website for your personal use. This limited licence does not permit, and you are, therefore, restricted from:

• framing or utilising framing techniques to enclose the whole or any part of the Website;
• publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Website or Content (except caching or as necessary to view the website);
• making any use of the Website or Content other than for personal use;
• modifying, reverse engineering or creating any derivative works based upon the Website or Content;
• collecting account information for the benefit of yourself or another party;
• using any meta tags or any other "hidden text" utilizing any Content; or
• using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

Any unauthorized use by you of the Website or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to THE TENTH CO Pty Ltd under applicable laws or the Terms.

NO COMMERCIAL USE

The Website (and any Products or Services purchased on or via the Website) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or re-sell any Content, software, Products or Services contained within, on or via the Website. You may not use the Website (and any goods or services purchased on or via the Website), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

TCPA COMPLIANCE

When using our Purchase Services, you may be required to include your phone number or subscribe to our newsletter, you agree that we may send you a text notification (in relation to your order, abandoned cart reminders or otherwise promotions / text marketing, that we may be running. Text marketing will not exceed 30 messages a month. You acknowledge that consent is not a condition for using any of our Purchase Services.

In the event that you wish to unsubscribe from any of our text messaging services or marketing offers, please reply ‘STOP’ in response to any text messages that you receive from us OR otherwise, please use the unsubscribe link that we provide to you within our text messages. An unsubscribe link will also be at the bottom of any of our emails and newsletters that are sent to you via email.

You understand that no alternative methods of opting out, other than what as been prescribed in these Terms, will not be accepted as opting out of our messaging service. Message and data rates may apply from time to time.

Please email us at hello@thetenthco.com should you have any questions relating to our text messaging services or text the words ‘HELP’ to the number that you receive the text message that we send to you, from.

GDPR COMPLIANCE

When using our Purchase Services, you may be required to include your phone number or subscribe to our newsletter, you agree that we may send you a text notification (in relation to your order, abandoned cart reminders or otherwise promotions / text marketing, that we may be running. Text marketing will not exceed 30 messages a month. You acknowledge that consent is not a condition for using any of our Purchase Services.

In the event that you wish to unsubscribe from any of our text messaging services or marketing offers, please reply ‘STOP’ in response to any text messages that you receive from us OR otherwise, please use the unsubscribe link that we provide to you within our text messages. An unsubscribe link will also be at the bottom of any of our emails and newsletters that are sent to you via email. You acknowledge and agree that your phone number, name and purchase information will be shared with SMS platforms and such data may be used for sending you marketing messages and notifications. Upon sending text messages, your phone number will be passed to a text message operator to fulfill their delivery.

You understand that no alternative methods of opting out, other than what has been prescribed in these Terms, will not be accepted as opting out of our messaging service. Message and data rates may apply from time to time.

Please email us at hello@thetenthco.com should you have any questions relating to our text messaging services or text the words ‘HELP’ to the number that you receive the text message that we send to you, from.

GENERAL DISCLAIMER

You acknowledge that THE TENTH CO Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or services other than what is provided for pursuant to these Terms. No information published on our Website is intended to provide a diagnosis, treat, cure or prevent disease or disorders as such We make no warranty as to information or linked information to our Website in terms of being complete and/or accurate. Any information that is medical or health related, products or treatments are only set out for information and educational purposes and will usually be presented as a summary and is not intended nor is it implied to be a substitute for professional medical advice.

You must ensure and it is your responsibility to obtain professional health advice for particular illnesses, disease, infections, injuries or any other medical condition and for dosages of Products that are provided by the Website. Any information presented on the Website must not be taken as being any sort of medical advice whatsoever and none of our Products are intended to treat medical conditions. You are completely and fully responsible and liable for what you do with the information that is presented on our Website and any resulting outcomes from your actions.

Always ensure that you seek advice from your pharmacist, general practitioner or other medical practitioner, qualified health provider when starting any new medical treatment or health supplement, continuing with medical treatment or health supplement or with any questions that you have regarding yours or any other parties’ medical condition.

Only use our Products as directed and note that vitamins and supplements are not a substitute for good nutrition or a balanced diet and are not superior to or more beneficial than dietary nutrients. Normal health may not be affected by taking vitamin supplements.

You agree and acknowledge that THE TENTH CO Pty Ltd, do not guarantee that the use or consumption of our Products will achieve any particular results or are otherwise appropriate or right for you. You must always ensure that you consult a healthcare professional before consuming or administering our Products. Failure to do so, will be a liability and risk borne by you.

In respect of our Products, THE TENTH CO Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

THE TENTH CO Pty Ltd complies with all relevant Australian Child Protection legislation and regulation including but not limited to Therapeutic Goods Order No. 95 to the extent that it applies to any products offered by THE TENTH CO Pty Ltd.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• THE TENTH CO Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of THE TENTH CO Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of THE TENTH CO Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of THE TENTH CO Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about, the Products, the Website, its Content or any products or Purchase Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
• the Content or operation in respect to links which are provided for the User's convenience;
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Sites, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Sites or Content; or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Websites, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed AUD$ 100.

THE TENTH CO Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of THE TENTH CO Pty Ltd is the resupply of information or Purchase Services to you.

You expressly understand and agree that THE TENTH CO Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

THE TENTH CO Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of THE TENTH CO Pty Ltd, by third parties or by any of the Purchase Services offered by THE TENTH CO Pty Ltd.

You acknowledge that THE TENTH CO Pty Ltd does not provide the Delivery Services to you and you agree that THE TENTH CO Pty Ltd will not be liable to you for any special, indirect or consequential loss including but not limited to health, or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

INDEMNITY

You agree to indemnify THE TENTH CO Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through or in relation to the Website or in relation to the Purchase Services including but not limited to any medical sufferance; 
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
• any breach of the Terms.

RELIANCE ON TESTIMONIALS

Any testimonials that are on our Website or provided by third party websites unrelated to THE TENTH CO Pty Ltd, may not reflect the result that you may achieve or not achieve by using our Products or services. All results may vary from person to person and your experience may not be the same or similar to those that are providing testimonials of our Products and services.

USE OF INFORMATION

If you upload or otherwise provide any information or content (‘User Content’) in the course of accessing or using the Website, you:

• agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
• consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
• agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
• infringes the intellectual or other proprietary interests of third parties;
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach the Terms;
• violates any law, statute or regulation;
• forges information to disguise the origin of any User Content; or
• encourages or incites any other person to engage in any of the above behaviour

RELATIONSHIP

No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.

FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

NO WAIVER

Any failure to enforce any of our rights does not constitute a waiver of those rights.

OFFERS

All terms of an offer must be met.

Offers are valid only for the period specified and will end at 11:59am AET on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee.

Items on sale during a THE TENTH CO pre-sale or pre-order offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

Please note offer periods are subject to product availability and will terminate early if stocks run out.

We reserve the right to vary, withdraw or cancel offers for any reason at any time.

TERMINATION

THE TENTH CO Pty Ltd may at any time, terminate the Terms with you if: 

• you have breached any provision of the Terms or intend to breach any provision relating there of;
• THE TENTH CO Pty Ltd is required to do so by law;
• the partner with whom THE TENTH CO Pty Ltd offered the Purchase Services to you has terminated its relationship with THE TENTH CO Pty Ltd or ceased to offer the Purchase Services to you;
• THE TENTH CO Pty Ltd is transitioning to no longer providing the Purchase Services to Members in the country in which you are resident or from which you use the service offered by our Website; or
• the provision of the Purchase Services to you by THE TENTH CO Pty Ltd is, in the opinion of THE TENTH CO Pty Ltd, no longer commercially viable. 

Subject to local applicable laws, THE TENTH CO Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts THE TENTH CO Pty Ltd's name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and THE TENTH CO Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

DISPUTE RESOLUTION

If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

Within 10 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation. Notwithstanding this, if you bring a dispute that is not in accordance with the terms of this dispute resolution clause, you acknowledge and agree that we reserve the right to move to have the dispute dismissed and that you will be responsible for our reasonable legal fees, court costs and disbursements in doing so.

If you are the unsuccessful party to any dispute relating to the Website, Contents, Products or Product Services or otherwise relating to THE TENTH CO Pty Ltd, you agree that you will be responsible for the reimbursement of the successful party’s reasonable legal fees, court costs and disbursements.

The mediation will be held in Melbourne, Australia.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

VENUE AND JURISDICTION

The Purchase Services offered by THE TENTH CO Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

ASSIGNMENT

You understand and agree that you may not assign your rights or obligations under these Terms to any other party unless you have the express written consent form Us. You further agree that we may assign our rights and obligations under these Terms to any other party at our sole discretion.

APPLICABLE LAW

The Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

INDEPENDENT LEGAL ADVICE

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

SEVERANCE

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

CONTACT INFORMATION

Should you have any questions or concerns about any matters relating to our Terms, our Products, Product Services, Website or THE TENTH CO Pty Ltd, please do not hesitate to contact us by email at: hello@thetenthco.com.