Terms of service

Overview

Welcome to Elsie! The terms “we”, “us” and “our” refer to Elsie Home. Elsie operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). Elsie is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these “Terms of Service”), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Your rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other legislation that cannot lawfully be excluded or limited. If anything in these Terms of Service conflicts with those rights, those rights apply.

1. Access and account

By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or that you are using the Services with the involvement of a parent or guardian. To use the Services, including browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping details. You confirm that all the information you provide is correct, current and complete. You are responsible for keeping your account details secure and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

2. Our products

We have made every effort to show our products accurately in our online store. However, colours and appearance may vary slightly depending on your device and screen settings. Product descriptions may change from time to time. We may discontinue any product at any time and may limit the quantities of any product we offer.

3. Orders

When you place an order, you are making an offer to purchase and you authorise us and our payment processors to charge your selected payment method for the total amount of your order. We may accept or decline your order at our discretion, subject to applicable law. Your order is not accepted until we confirm it, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it. If we do not accept, change or cancel an order, we will try to contact you using the email address, billing address and/or phone number you provided.

Returns and exchanges are handled under our Refund Policy, which does not limit your rights under the Australian Consumer Law.

Our products are sold for personal and household use. Orders from NDIS participants, plan managers, support coordinators, disability and aged care providers and other organisations buying for the people they support are welcome. Products may not be purchased for commercial resale without our written consent.

4. Prices and billing

Prices, discounts and promotions may change without notice. The price charged will be the price shown at the time you place your order and will be set out in your order confirmation email. All prices are in Australian dollars. Elsie Home is not registered for GST, so no GST is charged on our prices. Orders shipped outside Australia may be subject to import duties, taxes or customs charges in the destination country, which are the customer’s responsibility.

We may run promotions from time to time, which may have their own terms. If promotion terms conflict with these Terms of Service, the promotion terms apply.

You agree to provide current, complete and accurate purchase and payment information, and to keep your account details up to date. You confirm that you are authorised to use the payment method you provide, that the payment information is correct, and that you will pay all charges at the prices shown.

5. Shipping and delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our reasonable control, including natural disasters, severe weather, industrial action, supply shortages, outages, cyber incidents or government actions. Please see our Shipping Policy for more details. This does not limit your rights under the Australian Consumer Law if goods are not delivered within a reasonable time.

6. Intellectual property

The Services, including all trade marks, branding, text, images, graphics, product reviews, video and audio, are owned by Elsie Home, its affiliates or licensors and are protected by Australian and international intellectual property laws. Buying a product does not give you any intellectual property rights in the product, its design, software or underlying technology. You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, publicly display, republish, download, store or transmit any material from the Services without our written consent. Elsie’s name, logo, product names, designs and slogans are trade marks of Elsie Home and must not be used without our written permission. Shopify’s name, logo and related marks are trade marks of Shopify. All other names and logos belong to their respective owners.

7. Optional tools

We may give you access to tools provided by third parties, including the companion app used with Elsie displays, which we do not control. Those tools are provided on the terms set by their providers, and your use of them is at your own discretion. This does not limit your rights under the Australian Consumer Law if a core advertised feature of a product does not work.

8. Third-party links

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of those websites, or for any products or services you buy from them. Please review their policies before using them, and direct any questions about third-party products or services to the third party.

9. Relationship with Shopify

Elsie is powered by Shopify. When you use the Services, your device communicates with Shopify’s systems to deliver them. Any purchases you make in our store are made directly with Elsie Home, not with Shopify, and Shopify is not responsible for any aspect of those sales.

10. Privacy

Our Privacy Policy explains how we collect, use and disclose personal information when you use the Services. Because the Services are hosted by Shopify, Shopify also collects and processes information about your use of the Services, including your transactions, to provide, secure and improve the Services and to help prevent fraud. This information may be transferred to and stored in countries outside Australia. Please review our Privacy Policy and Shopify’s privacy policy for more details.

11. Feedback and reviews

If you send us ideas, suggestions, feedback or reviews (“Feedback”), you give us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display that Feedback for any purpose, including promoting our products. You confirm that your Feedback is your own, is honest, discloses any incentive you received for it, and does not contain anything unlawful, defamatory, offensive or infringing. We may remove Feedback that breaches these Terms of Service, but we will not remove genuine reviews simply because they are negative.

12. Errors, inaccuracies and omissions

Occasionally the Services may contain errors in product descriptions, pricing, promotions, shipping charges, delivery times or availability. We may correct these errors and update information, and may cancel an order affected by an obvious error, including after it has been placed. If we cancel an order after payment, we will refund you in full.

13. Prohibited uses

You may use the Services for lawful purposes only. You must not use the Services to break any law, infringe anyone’s intellectual property, harass or harm any person, send false or misleading information, send spam, impersonate anyone, upload malicious code, collect other people’s personal information, or use scraping tools, bots or automated means to access the Services, or bypass any security measures. We may suspend or close your account if you breach these Terms of Service.

14. Agents

If you use or allow any automated software agent to access or interact with the Services, it must clearly identify itself as an agent, must not disguise its activity as human, must answer truthfully if asked whether it is automated, and must not bypass any measures we use to limit automated access. We may limit or block automated access at any time.

15. Termination

We may end these Terms of Service or your access to the Services at any time. You remain responsible for any amounts owing up to that date. Sections that by their nature should continue after termination will continue to apply.

16. General information

Information on the Services is provided for general information only. It is not advice about NDIS plans, funding or supports. Subject to your rights under the Australian Consumer Law, we do not guarantee that the Services will always be uninterrupted, timely, secure or error-free.

17. Limitation of liability

To the extent permitted by law, and subject to your rights under the Australian Consumer Law, Elsie Home is not liable for any indirect or consequential loss arising from your use of the Services. Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited, at our choice, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of replacing, repairing or acquiring equivalent goods. Nothing in these Terms of Service excludes or limits liability that cannot be excluded or limited by law.

18. Indemnity

To the extent permitted by law, you agree to indemnify Elsie Home against any claims by third parties arising from your breach of these Terms of Service or your breach of any law or third-party rights, except to the extent the claim is caused by our own breach or negligence.

19. Severability

If any part of these Terms of Service is found to be unlawful, void or unenforceable, that part will be removed and the rest will continue to apply.

20. Waiver and entire agreement

If we do not enforce any right under these Terms of Service, that is not a waiver of that right. These Terms of Service and the policies posted on this website are the entire agreement between you and us about your use of the Services.

21. Assignment

You may not transfer your rights or obligations under these Terms of Service without our written consent. We may transfer our rights and obligations, provided it does not reduce your rights under the Australian Consumer Law.

22. Governing law

These Terms of Service are governed by the laws of Tasmania, Australia. You and Elsie Home submit to the jurisdiction of the courts of Tasmania. Nothing in this section limits your right to rely on the consumer laws that apply where you live or to bring claims in your local courts.

23. Electronic communications

By using the Services or placing an order, you agree that we may send you order, account and service communications electronically, including by email. You are responsible for keeping your contact details up to date.

24. Changes to these Terms of Service

You can view the current version of these Terms of Service on this page at any time. We may update them by posting changes on our website. Changes will not apply to orders placed before the change was posted.

25. Contact

Questions about these Terms of Service can be sent to support@elsieliving.com.

Our contact details are also listed in our contact information policy.