Terms of service
OVERVIEW
Welcome to Shift Active Co! The terms "we", "us" and "our" refer to Shift Active Co. Shift Active Co 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"). Shift Active Co is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") 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, consumer guarantees, responsibilities and limitations of liability.
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 Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate product descriptions, specifications, images and availability information on our website.
Product colours and appearance may vary slightly depending on screen settings and lighting. However, products supplied will be consistent with their descriptions and applicable consumer guarantees under Australian Consumer Law.
We source products through independent suppliers and fulfilment partners. Shift Active Co remains responsible for assisting customers with product enquiries, order concerns and remedies required under Australian Consumer Law.
We reserve the right to update product descriptions, discontinue products or adjust availability without prior notice. These changes will not affect your existing statutory rights or accepted orders.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase products from Shift Active Co. Orders are subject to acceptance, payment verification and product availability.
We reserve the right to decline or cancel an order for legitimate reasons, including unavailable stock, incorrect pricing, suspected fraud or payment issues. If we cancel an order after payment has been received, we will provide an appropriate refund.
Please review your order details carefully before submitting your purchase.
You may request cancellation within 24 hours of placing your order by contacting info@shiftactiveco.com. We will make reasonable efforts to accommodate your request; however, cancellation may not be possible once fulfilment has commenced or the order has been dispatched.
Returns and exchanges are handled in accordance with our Refund Policy and applicable Australian Consumer Law. Nothing in these Terms limits your statutory consumer rights.
SECTION 4 - PRICES AND BILLING
All prices displayed on shiftactiveco.com are in Australian dollars (AUD). Any applicable taxes and shipping charges will be disclosed at checkout before payment is completed.
Prices, discounts and promotions may change without notice. However, any changes will not affect orders that have already been accepted, except where permitted by law.
We aim to ensure all pricing and product information is accurate. If a genuine pricing or listing error occurs, we will contact you to explain the issue and offer an appropriate resolution, including a refund where applicable.
You agree to provide accurate and current billing, payment and contact information when placing an order.
Payments are processed securely through the payment methods available at checkout.
SECTION 5 - SHIPPING AND DELIVERY
Shift Active Co is an Australian-owned online retailer working with independent suppliers and fulfilment partners. Depending on the product, orders may be dispatched directly from international fulfilment facilities.
Our standard estimated delivery timeframe for Australian orders is 7–10 business days, including order handling and transit, unless otherwise stated at checkout.
Delivery timeframes are estimates and may be affected by carrier delays, customs processing, public holidays or other circumstances outside our reasonable control.
We will make reasonable efforts to ensure orders are delivered within the stated timeframe and will assist customers with delayed, missing or damaged shipments.
If your order is significantly delayed, lost or not delivered, please contact us at info@shiftactiveco.com so we can investigate and arrange an appropriate resolution.
Nothing in this section excludes or limits your rights under Australian Consumer Law.
For further information, please refer to our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Shift Active Co, its affiliates or licensors and are protected by applicable Australian and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Shift Active Co, Shopify or any third party. Unauthorised use of the Services may violate applicable Australian or international intellectual property laws.
All rights not expressly granted herein are reserved by Shift Active Co.
Shift Active Co's names, logos, product and service names, designs, and slogans are trademarks of Shift Active Co or its affiliates or licensors. You must not use such trademarks without the prior written permission of Shift Active Co. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. To the extent permitted by applicable law, Shift Active Co is not responsible for issues arising solely from your use of optional third-party tools provided by independent third parties. Nothing in this section excludes or limits rights or remedies that cannot lawfully be excluded under Australian Consumer Law.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Shift Active Co is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Shift Active Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Shift Active Co, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Shift Active Co.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. 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 your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). Any correction, amendment or cancellation of an order will be handled in accordance with applicable Australian Consumer Law, including the provision of refunds or other remedies where required.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or territory regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Shift Active Co, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Warranties and Consumer Guarantees, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - WARRANTIES AND CONSUMER GUARANTEES
Our products come with guarantees that cannot be excluded under Australian Consumer Law.
These guarantees may include requirements that products are of acceptable quality, fit for their intended purpose, match their descriptions and comply with other applicable consumer guarantees.
If a product fails to meet an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy, depending on the nature of the failure.
Any manufacturer's warranty or additional warranty offered with a product is provided in addition to your statutory rights and does not replace or limit those rights.
While we make reasonable efforts to maintain the availability and functionality of our website, we do not guarantee that the website will always operate without interruption or technical errors.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under Australian law.
SECTION 17 - LIMITATION OF LIABILITY
To the extent permitted by applicable law, Shift Active Co is not responsible for losses arising from circumstances outside our reasonable control or from improper use of our website or products.
However, nothing in these Terms excludes, restricts or modifies any rights, guarantees, remedies or liabilities that cannot lawfully be excluded under Australian Consumer Law or other applicable legislation.
Where the law permits liability to be limited, any limitation will apply only to the extent legally permitted.
We remain responsible for meeting our obligations as the retailer of products purchased through our website.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to be responsible for losses or claims reasonably arising from your unlawful use of our website, deliberate misuse of our services or infringement of another party's rights.
This provision does not apply to losses caused by Shift Active Co's own unlawful conduct, negligence or failure to meet applicable legal obligations.
Nothing in this section limits your rights under Australian Consumer Law.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service are governed by the laws of Queensland, Australia, and applicable Commonwealth laws, including Australian Consumer Law.
Any disputes arising from these Terms will be subject to the jurisdiction of the appropriate Australian courts, without limiting any rights or protections available to consumers under applicable law.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@shiftactiveco.com.
Our contact information is posted below:
Store Address: 25 Dyer Street, Alexandra Hills QLD 4161, Australia
Store Email: info@shiftactiveco.com
Store Phone: (07) 3177 6391
Customer Service Hours: Monday-Friday: 9:00AM - 5:00PM (AEST)
We do our best to reply to your email within 1-2 business days.
