Terms of service
# Terms of Service
Welcome to Cracked Soda ("we," "our," "us"). These Terms of Service ("Terms") govern your use of our website and services (the "Services"). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully.
## 1. Acceptance of Terms
By accessing or using our Services, you agree to comply with and be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not use our Services.
## 2. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms. Your continued use of the Services following the posting of changes will constitute your acceptance of such changes.
## 3. Use of Services
### 3.1 Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old.
### 3.2 Account Registration
You may be required to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.
### 3.3 Prohibited Activities
You agree not to use our Services for any illegal or unauthorised purpose. You agree not to, in the use of the Services, violate any laws in your jurisdiction. You also agree not to:
- Use any robot, spider, scraper, or other automated means to access the Services.
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure.
- Interfere or attempt to interfere with the proper working of the Services.
## 4. Orders and Payments
### 4.1 Product Descriptions
We strive to provide accurate descriptions of our products, but we do not warrant that the descriptions are complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
### 4.2 Pricing
Prices for products are subject to change without notice. We reserve the right to modify or discontinue products at any time without notice.
### 4.3 Payment Terms
By placing an order, you agree to pay the price applicable for the product at the time you submitted your order, the delivery fees for the shipping service you select, and any applicable taxes. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
### 4.4 Shipping and Delivery
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
## 5. Returns and Refunds
### 5.1 Return Policy
We accept returns of products in accordance with our Return Policy, which is incorporated into these Terms by reference. Please refer to our Return Policy for more information.
### 5.2 Refunds
Refunds will be issued in accordance with our Return Policy. Refunds will be processed within a reasonable time after we receive your return.
## 6. Intellectual Property
All content included in or made available through our Services, such as text, graphics, logos, images, and software, is the property of Cracked Soda or its content suppliers and protected by copyright, trademark, and other laws. You may not use our intellectual property without our prior written consent.
## 7. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services or the information, content, materials, or products included on or otherwise made available to you through our Services. You expressly agree that your use of our Services is at your sole risk.
## 8. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any damages of any kind arising from the use of our Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
## 9. Indemnification
You agree to indemnify, defend, and hold harmless Cracked Soda, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.
## 10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.
## 11. Dispute Resolution
Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules. The arbitration shall take place in Australia, and the arbitrator's decision may be entered in any court of competent jurisdiction.
## 12. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
## 13. Entire Agreement
These Terms constitute the entire agreement between you and Cracked Soda with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter.
## 14. Contact Information
If you have any questions about these Terms, please contact us at hello@crackedsoda.com.au
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By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.