1. PRELIMINARY PROVISIONS

This Agreement ("Agreement") constitutes a legally binding contract between TapestryVibes, a corporation duly organized under the laws of Victoria, Australia (hereinafter referred to as "Company," "we," "us," or "our") and any individual or entity accessing or utilizing the Company's website, services, or products (hereinafter referred to as "User," "you," or "your").

By accessing, browsing, or utilizing any aspect of the Services, User hereby expressly acknowledges, accepts, and agrees to be bound by all terms, conditions, obligations, affirmations, representations, and warranties set forth herein. For purposes of this Agreement, "Services" shall encompass the entirety of the Company's digital presence, including but not limited to website, applications, APIs, products, content, and any other offerings made available through the Company's platform or related services.

User hereby represents and warrants that they possess the legal capacity and authority to enter into this Agreement, are of legal age of majority in their jurisdiction of residence, and in no event less than eighteen (18) years of age. User further represents that they enter into this Agreement voluntarily and without any duress or undue influence, and that all information provided in connection with this Agreement and use of Services shall be true, accurate, current, and complete.

1.1 Account Creation and Management

The Company hereby grants User a limited, revocable, non-exclusive, non-transferable right to access and use the Services, subject to strict compliance with this Agreement. User shall be responsible for maintaining the security and confidentiality of their account credentials and shall be solely responsible for all activities that occur under their account. Multiple accounts per individual or entity are strictly prohibited. The Company maintains discretion to monitor, track, and record all Service usage, and reserves the right to suspend, terminate, or restrict access for violations of these terms.

1.2 Intellectual Property Rights

All aspects of the Services, including but not limited to content, design, layout, functionality, trademarks, logos, trade names, product images, descriptions, pricing, software, code, and databases are protected by intellectual property rights and remain the exclusive property of the Company or its licensors. No right, title, or interest in any Content or intellectual property is transferred to User through access or use of the Services.

2. PRODUCT TERMS AND CONDITIONS

User acknowledges that all product descriptions, photographs, artworks, dimensions, weights, specifications, colors, and other product attributes are provided for reference and informational purposes. While we strive for accuracy, slight variations between the information and the delivered product may occur. These variations can be due to factors such as, but not limited to, differences in monitor/screen displays, natural variations in materials, and the inherent nature of the production process. Product images may depict the product under optimal lighting and conditions, which may differ from typical usage scenarios.

Minor differences in color, size, pattern placement, and texture are possible and are not considered defects. We make reasonable efforts to ensure product representations are as accurate as possible, but we cannot guarantee an exact match in every instance. These minor variations are inherent to the nature of many products and do not constitute grounds for a claim under our return policy for manufacturing defects.

2.1 Order Processing and Acceptance

The submission of an order constitutes an offer to purchase only and remains subject to Company verification and acceptance. You will receive an order confirmation email after placing an order. This email confirms that we have received your order but does not guarantee acceptance. The Company maintains discretion to accept or reject any order, limit order quantities, verify customer information, cancel suspicious transactions, require additional documentation, and modify order fulfillment methods based on reasonable grounds such as suspected fraud, inventory limitations, or inability to fulfill the order.

2.2 Payment and Pricing Terms

All prices are subject to change without notice. We strive to maintain accurate pricing information. Currency conversions are approximate only, and final price shall be determined at checkout. The Company shall not be obligated to honor obvious pricing errors. Additional fees may apply, and taxes and duties are excluded. Volume pricing remains at Company discretion.

All payments are subject to verification and security checks, third-party processor terms, anti-fraud measures, processing fees, authorization holds, and payment method restrictions. We investigate all chargebacks and may take action, including account suspension, if a chargeback is determined to be fraudulent. A minimum fifteen (15) day waiting period applies to all payment disputes.

2.3 Inventory and Availability

The Company makes reasonable efforts to maintain accurate inventory information, but cannot guarantee the availability of any specific product at any given time. The Company expressly reserves the right to cancel orders due to unavailability and will notify the customer and offer a full refund or a suitable alternative, if available.

3. WEBSITE USE

Prohibited Conduct: Users are prohibited from:

• Attempting to gain unauthorized access to any part of the website or its related systems.
• Using any automated means (e.g., bots, scrapers) to access or collect data from the website without express permission.
• Introducing any viruses, malware, or other harmful code.

Links to Third-Party Websites: Our website may include links to websites or services such as Social Media operated by third parties that are not under our control. These links are provided for your convenience and do not imply any endorsement of the linked sites or their content. We are not responsible for the privacy policies, terms and conditions, content, or security practices of any third-party websites. Your use of any third-party website is at your own risk, and we are not liable for any damages, losses, or liabilities arising from your access to or use of such sites.

4. LIABILITY AND DISPUTE RESOLUTION

4.1 Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY'S AGGREGATE LIABILITY EXCEED THE LESSER OF: (i) the actual purchase price paid for the product, (ii) the most recent transaction amount, or (iii) AUD $100.00. The Company shall not be liable for any consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, emotional distress, third-party claims, personal injury, property damage, installation costs, removal expenses, legal fees, time loss, travel expenses, or any other associated costs or damages.

4.2 Indemnification

User hereby agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to User's breach of this Agreement, misuse of the Services, violation of laws, false claims or representations, unauthorized account access, chargeback attempts, payment disputes, third-party claims, product misuse, or intellectual property violations.

4.3 Dispute Resolution

ANY DISPUTE ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION in Melbourne, Victoria, Australia, conducted in the English language, on an individual basis only, under Australian arbitration laws, by a single arbitrator, with limited discovery, without class actions, and without jury trials. Prior to initiating arbitration proceedings, parties must observe a fifteen (15) day cooling period, provide written notice of dispute, engage in good faith negotiations, exchange relevant documentation, and attempt mediation. This Agreement and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of laws principles.

4.4 Force Majeure

The Company shall not be liable for any failure or delay resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, civil unrest, labor disputes, power failures, cyber attacks, supply chain disruptions, carrier issues, system failures, economic conditions, or any other circumstances that materially impair the Company's ability to perform its obligations hereunder.

4.5 Final Provisions

If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms shall continue in full force and effect, with invalid terms modified to the minimum extent necessary to maintain the essential purpose and enforceability of the Agreement. This Agreement constitutes the entire understanding between the parties, supersedes all prior agreements and representations, cannot be modified orally, requires written amendments, accepts electronic acceptance as binding, establishes that no waiver shall arise from non-enforcement, and provides that all rights and remedies shall be cumulative.

5. PRIVACY POLICY

Your use of the Services is also governed by our Privacy Policy, which can be found at https://www.tapestryvibes.com/policies/privacy-policy.

6. MODIFICATIONS TO THE TERMS AND CONDITIONS

The Company reserves the right to modify these Terms and Conditions at any time. We will post the updated T&C on our website, and the "Last Modified" date will be updated. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms and Conditions.

7. CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at: support@tapestryvibes.com or refer to our contact us page here.

IN WITNESS WHEREOF, by accessing, browsing, or utilizing the Services, User acknowledges and agrees to be bound by all terms and conditions set forth herein.