Terms of Service

Overview

Welcome to nueday. Yes, this is the legal bit. We've kept it as plain as we can.

In these Terms, "we", "us" and "our" mean Nueday Pty Ltd (ABN 34 690 300 559) ("Nueday"). We run this website and online store, including all related content, features, tools, products and services (the "Services"). Nueday is powered by Shopify, which lets us provide the Services to you.

These terms and conditions, together with the policies they refer to (the "Terms"), explain your rights and responsibilities when you use the Services. Please read them carefully, as they cover important things like warranties and limits on liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, please don't use the Services.

Your rights under the Australian Consumer Law (ACL) always apply. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that can't lawfully be excluded, restricted or modified.

Section 1 - Access and Account

By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have your parent or guardian's consent to use the Services.

To use the Services, including browsing our store or buying anything from us, you may be asked for certain information, such as your email address, billing, payment and shipping details. You confirm that everything you give us is correct, current and complete, and that you have the right to provide it.

If you create an account, you are responsible for keeping your login details secure and for activity on your account. You can't transfer, sell, assign or license your account to anyone else.

Section 2 - Our Products

We do our best to show our products accurately in our store. Colours and product appearance can look different on your screen, depending on your device and its settings.

Product descriptions can change at any time, and we may stop selling a product or limit quantities per person, region or order. Please read the directions and safety information on the bottle and on our website before using Dry Wash.

Nothing in this section limits your rights under the ACL, including the consumer guarantee that goods must match their description.

Section 3 - Orders

When you place an order, you are making an offer to buy. We can accept or decline your order, and your order is only accepted once we confirm it. We need to receive and process your payment before we accept it. If we decline or cancel an order after taking payment, we'll refund you in full.

Please check your order carefully before you submit it, because we may not be able to change or cancel an order once it has been accepted. If we don't accept, change or cancel an order, we'll try to let you know using the contact details you gave us when you ordered.

Returns, exchanges and refunds are covered by our Refunds & Returns Policy. That policy sits alongside your rights under the ACL, and does not replace or reduce them.

Our products are for personal or household use. Please don't buy for commercial resale. We may decline or limit orders that look like they're for resale.

Section 4 - Prices and Billing

Prices, discounts and promotions can change without notice. The price you pay is the price in effect when you place your order, as shown in your order confirmation email. All prices are in Australian dollars (AUD) and include GST. Shipping is shown separately at checkout before you pay.

We may run promotions from time to time with their own terms. If a promotion's terms conflict with these Terms, the promotion's terms apply to that promotion.

You agree to give us current, complete and accurate purchase, payment and account information, and to update it promptly (including your email address and payment details) so we can complete your orders and contact you if we need to.

You confirm that: (a) the payment information you provide is true, correct and complete; (b) you are authorised to use the payment method; (c) your payment provider will honour the charges; and (d) you will pay all charges at the prices shown, including shipping.

Section 5 - Shipping and Delivery

We currently ship within Australia only. We dispatch orders using Australia Post, and our Shipping Policy sets out dispatch times and delivery options.

Delivery times are estimates, not guarantees. We aren't responsible for delays caused by carriers or events outside our reasonable control. If your order doesn't arrive, is unreasonably late, or arrives damaged, contact us at support@nueday.com.au and we'll work with you to sort it out. This section doesn't limit your rights under the ACL.

Section 6 - Intellectual Property

Our Services, including all brand names, logos, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by Nueday or our licensors, and are protected by Australian and international copyright, trade mark and other intellectual property laws.

You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download, store or transmit any material from the Services without our written consent. Nothing in these Terms gives you any licence or right over the intellectual property of Nueday, Shopify or anyone else. All rights not expressly granted are reserved by Nueday.

Nueday's names, logos, product names, designs and slogans (including "make your clothes smell like a nueday, not like yesterday.") are owned by Nueday. Please don't use them without our written permission. Shopify's name, logo and marks belong to Shopify, and all other names, logos and marks on the Services belong to their respective owners.

Section 7 - Optional Tools

We may give you access to tools offered by third parties as part of the Services. We don't monitor or control them. To the extent permitted by law, these tools are provided "as is" and "as available", without warranties or endorsement, and you use them at your own risk. Please check the relevant third party's own terms before using them.

If we add new features to the Services in future, they form part of the Services and are covered by these Terms.

Section 8 - Third-Party Links

The Services may link to websites run by other people. We aren't responsible for examining or evaluating the content or accuracy of third-party websites or materials, and you access them at your own risk.

To the extent permitted by law, we aren't liable for any harm or loss connected with your use of third-party websites or your purchase or use of anything on them. Please read their policies carefully, and direct any complaints about third-party products or services to that third party.

Section 9 - Relationship with Shopify

Nueday is powered by Shopify, but when you buy from our store, you are buying directly from Nueday. Shopify is not a party to your purchase. If something goes wrong with an order, contact us first at support@nueday.com.au.

To the extent permitted by law, Shopify isn't responsible for any aspect of a sale between you and Nueday. This doesn't limit any right you have against Nueday under the ACL or any other law.

Section 10 - Privacy

Personal information we collect through the Services is handled in line with our Privacy Policy. Some information may also be subject to Shopify's own privacy policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about how you access and use the Services so it can provide and improve them. Information you submit may be shared with Shopify and other third parties, some of which may be located outside Australia. Our Privacy Policy explains how we, Shopify and our partners handle your personal information, including any overseas disclosure under the Australian Privacy Principles.

Section 11 - Feedback

If you send us ideas, suggestions, reviews or other content ("Feedback"), you give us a perpetual, worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial use.

You confirm that: (a) you own or have the right to give us your Feedback; (b) you have disclosed any payment, gift or other incentive you received in connection with it; and (c) it complies with these Terms. We don't have to keep Feedback confidential, pay for it or respond to it.

We may (but don't have to) monitor, edit or remove Feedback that we reasonably consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes someone's rights.

Your Feedback must not infringe anyone's rights, contain unlawful, abusive or obscene content, or contain any virus or malware. You must not use a false email address or otherwise mislead us or others about where Feedback comes from. You are responsible for your Feedback and its accuracy.

Section 12 - Errors, Inaccuracies and Omissions

Sometimes the Services may contain typos, inaccuracies or omissions about product descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct these at any time.

If an error affects an order you've placed, we'll tell you and give you the choice to continue with the order on the corrected details or cancel it for a full refund. This doesn't limit your rights under the ACL.

Section 13 - Prohibited Uses

You may use the Services for lawful purposes only. You must not use the Services: (a) for any unlawful or malicious purpose; (b) to break any Commonwealth, state, territory or local law or regulation; (c) to infringe our intellectual property rights or anyone else's; (d) to harass, abuse, defame or harm anyone; (e) to send false or misleading information; (f) to send material that doesn't comply with these Terms; (g) to send unsolicited advertising, spam or chain letters; (h) to impersonate any person or organisation; or (i) in a way that restricts or inhibits anyone else's use of the Services, or that we reasonably consider may harm Nueday, Shopify or other users.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell or exploit any part of the Services; (c) collect or track other people's personal information; (d) phish or pretext through the Services; (e) use bots, scrapers, data extraction tools or AI agents to access the Services, except as permitted by Section 14; or (f) bypass or interfere with security or access controls.

If you breach this section, we may suspend or close your account, as set out in Section 15.

Section 14 - Agents

This section applies if you use, allow or cause the deployment of an Agent to access or interact with the Services. An "Agent" is any software that takes autonomous or semi-autonomous action on your behalf without direct supervision.

No Agent may access the Services unless it identifies itself as required below, and no Agent may access the Services if we have asked it not to. We may limit, including by technical measures, whether and how Agents access the Services.

Agents must: (a) identify themselves in every request by including "Agent/" followed by the Agent's name in the user agent string; (b) not hide that access is by an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (c) answer truthfully to any prompt that asks whether the interaction is from a human or a computer; and (d) not get around any measure we use to control Agent access.

Section 15 - Suspension and Termination

We may suspend or close your account, or limit your access to the Services, if you breach these Terms or misuse the Services. Where it's reasonable to do so, we'll tell you why. You can close your account at any time by emailing us at support@nueday.com.au.

Suspending or closing your account doesn't affect orders you've already placed, or your rights under the ACL. You remain responsible for any amounts you owe us up to the date your account is closed.

Sections that by their nature should continue after termination (including Intellectual Property, Feedback, Disclaimer, Limitation of Liability, Indemnity, Severability, Governing Law and Privacy) will continue to apply.

Section 16 - Disclaimer

The information on the Services is general information only. We don't guarantee that it is complete or error-free, and you use it at your own risk, to the extent permitted by law.

To the maximum extent permitted by law, the website and the Services are provided "as is" and "as available". This does not apply to our products, which come with the consumer guarantees described below.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, condition, warranty, right or remedy you have under the ACL or any other law that can't lawfully be excluded, restricted or modified. Our goods come with guarantees under the ACL, including that they are of acceptable quality, fit for purpose and match their description. If a product has a major failure, you can choose a replacement or refund. For other failures to meet a guarantee, you're entitled to a repair or replacement, and you may also be entitled to compensation for reasonably foreseeable loss or damage.

Section 17 - Limitation of Liability

To the maximum extent permitted by law, Nueday, our directors, officers, employees, contractors and service providers aren't liable for indirect, incidental, special or consequential loss (such as lost profits, lost revenue, lost savings or loss of data) arising from your use of the Services or any products bought through them, whether the claim is based in contract, tort (including negligence) or otherwise.

This does not apply to, and nothing in these Terms limits, your rights under the ACL, including your right to a refund, replacement, repair or compensation if a product fails to meet a consumer guarantee. If a product has a major failure, you can choose your remedy.

Section 18 - Indemnity

You agree to compensate Nueday for any loss or damage (including reasonable legal costs) we suffer because you breached these Terms or broke the law or someone else's rights through your use of the Services, to the extent that your conduct caused that loss or damage.

If we make a claim against you under this section, we'll tell you about it. You agree to reasonably cooperate with us in dealing with any related third-party claim.

Section 19 - Severability

If a part of these Terms is found to be unlawful, void or unenforceable, that part will be enforced as far as the law allows and cut out if it can't be, and the rest of the Terms will still apply.

Section 20 - Waiver and Entire Agreement

If we don't exercise or enforce a right under these Terms, that doesn't mean we've given it up.

These Terms, together with the policies on our website, are the entire agreement between you and us about your use of the Services. They replace any earlier agreements or communications about it, whether spoken or written, including earlier versions of these Terms.

Section 21 - Assignment

You can't transfer or assign this agreement or your rights or obligations under it without our written consent. We may transfer or assign these Terms to another business (for example, if Nueday is sold or restructured), as long as doing so doesn't reduce your rights under the ACL.

Section 22 - Governing Law

These Terms are governed by the laws of New South Wales, Australia. You and Nueday submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. Nothing in this section limits your rights under the ACL.

Section 23 - Headings

Headings in these Terms are for convenience only and don't affect how they are interpreted.

Section 24 - Changes to These Terms

You can always find the most current version of these Terms on this page.

We may update these Terms by posting a new version on our website. Changes apply from the time they are posted and don't affect orders you've already placed. For material changes, we'll give you reasonable notice, for example by email to customers with an account or by a notice on our website. If you keep using the Services after changes are posted, you're accepting the updated Terms.

Section 25 - Contact Information

Questions about these Terms of Service should be sent to us at support@nueday.com.au.

Our contact information:

Nueday Pty Ltd support@nueday.com.au ABN: 34 690 300 559