Terms & Conditions

Defined Terms

1. Business refers to 130 Point Pty Ltd trading as The Hobby Australia Cards and Collectables.
2. Customer refers to any individual, business, corporation, entity or other relevant party that engages the business to use their services or purchase their goods.

PSA Grading Terms and Conditions

1. By submitting trading cards for grading by Professional Sports Authenticator (PSA) the customer agrees that 130 Point Pty Ltd trading as The Hobby Australia (“the business”) will be responsible for the submitted items once received by the business and until such a time as they are returned to you.
2. The customer explicitly authorizes the business to act on your behalf in relation to the items, including any and all dealings with PSA.
3. The customer agrees that the items will be insured on your behalf by the business for the value you have declared in this submission form.
4. In the event the cards are lost or irreparably damaged whilst they are the responsibility of the business, any liability of the business to you for direct or incidental loss and damage, however so described, in relation to the items will be capped to the value submitted by you in this form or the market value at the time any payout is made, whichever is the lower of the two, as determined by the business.
5. The customer has read, understood and agree to PSA’s Grading Terms and Conditions, a copy of which can be found here: https://thehobby.com.au/pages/psa-grading-terms-and-conditions and here: https://www.psacard.com/termsandconditions
6. The customer agrees to pay your invoice within 10 business days of it being emailed to you by the business. Failure to do so without prior agreement with the business, and after a first reminder from the business, will result in a late payment fee of $10.00 being added to your invoice for all subsequent payment reminders sent to you by the business.
7. Any fee changes made by PSA due to cards either being undervalued by the customer at the time of submission, or due to their final grade resulting in the market value increasing beyond the limit of the selected grading category will be passed on directly to the customer. These fee changes will be charged at full PSA grading rates and not our normal discounted dealer rates as this is how PSA charges the Business.
8. Failure to agree to these terms and conditions will result in the business having no fiscal responsibility for the loss or damage of your items submitted for PSA grading.

By the signing of the PSA Grading Submission form, or its completed return to the business, the customer acknowledges and agrees to be bound by these terms and conditions.

In addition to the above, the following terms and conditions apply specifically to the PSA Simple Submission Form process:

1. The customer has read, understood and accepted the PSA Grading Terms and Conditions.
2. The customer authorises the Business to make initial grading category determinations and price estimates on my behalf.
3. The Business will email me a copy of my submission form to the email provided in this form and I will have 2 business days to respond with any requested changes.
4. If the customer fails to respond within 2 business days this will constitute acceptance of the submission form as is by the Business.
5. The customer agrees to pay the Submission Form Creation Fee within 2 business days of the Business emailing it to me.
6. Failure to pay the Submission Form Creation Fee will result in the customer's cards being withheld from submission to PSA until such a time as the payment has been made.

BGS Grading Terms and Conditions

1. By submitting trading cards for grading by Beckett Grading Services (BGS) you agree that 130 Point Pty Ltd trading as The Hobby Australia (“the business”) will be responsible for the submitted items once received by the business and until such a time as they are returned to you.
2. You explicitly authorize the business to act on your behalf in relation to the items, including any and all dealings with BGS.
3. You agree that the items will be insured on your behalf by the business for the value you have declared in this submission form.
4. In the event the cards are lost or irreparably damaged whilst they are the responsibility of the business, any liability of the business to you for direct or incidental loss and damage, however so described, in relation to the items will be capped to the value submitted by you in this form or the market value at the time any payout is made, whichever is the lower of the two, as determined by the business.
5. You have read, understood and agree to BGS’s Grading Terms and Conditions, a copy of which can be found by clicking here, as well as the general terms and conditions of the business found by clicking here.
6. You agree to pay your invoice within 10 business days of it being emailed to you by the business. Failure to do so without prior agreement with the business, and after a first reminder from the business, will result in a late payment fee of $10.00 being added to your invoice. If payment is not made within 10 business days after the first reminder, your items may be deemed as Uncollected Goods in accordance with the Australian Consumer Law and Fair Trading Act 2012 and actions taken as per the Uncollected Goods process outlined in our Terms and Conditions.
7. Failure to agree to these terms and conditions will result in the business having no fiscal responsibility for the loss or damage of your items submitted for BGS grading.

By the signing of the BGS Grading Submission form, or its completed return to the business, the customer acknowledge and agree to be bound by these terms and conditions.

SGC Grading Terms and Conditions

1. By submitting trading cards for grading by SGC you agree that 130 Point Pty Ltd trading as The Hobby Australia Cards and Collectables (“the business”) will be responsible for the submitted items once received by the business and until such a time as they are returned to you.
2. You explicitly authorize the business to act on your behalf in relation to the items, including any and all dealings with SGC.
3. You agree that the items will be insured on your behalf by the business for the value you have declared in this submission form.
4. In the event the cards are lost or irreparably damaged whilst they are the responsibility of the business, any liability of the business to you for direct or incidental loss and damage, however so described, in relation to the items will be capped to the value submitted by you in this form or the market value at the time any payout is made, whichever is the lower of the two, as determined by the business.
5. Failure to agree to these terms and conditions will result in the business having no fiscal responsibility for the loss or damage of your items submitted for SGC grading.
6. You acknowledge that any autographed card will have the autograph graded and there is no option to remove this.
7. By submitting cards to the business for subsequent grading at SGC you agree to the terms and conditions listed on the SGC website located at the following web address: https://www.gosgc.com/terms

By the signing of the SGC Grading Submission form, or its completed return to the business, the customer acknowledge and agree to be bound by these terms and conditions.

eBay Consignment Terms and Conditions

1. By submitting trading cards for consignment, you agree that The Hobby Australia Cards and Collectables (“the business”) will be responsible for the submitted items once received by the business and until such a time as they are sold and delivered to the new owner.
2. You explicitly authorize the business to act on your behalf in relation to the items, including any and all dealings with eBay, the purchaser and any other relevant parties.
3. You agree that the items will be insured on your behalf by the business whilst in their possession for fair market value as determined solely by the business.
4. In the event the cards are lost or irreparably damaged whilst they are the responsibility of the business, any liability of the business to you for direct or incidental loss and damage, however so described, in relation to the items will be based on fair market value as determined solely by the business.
5. You have read, understood and agree to the general terms and conditions of the business found here.
6. You understand that for an auction the business has no control over the sale price of the card and how many bids it will receive. All sales will be binding and final. Bidding up your own card ("shill bid") using you own account, or having someone shill bid you card for you, will result in you being liable to the business for the full amount of the final sale price, inclusive of all eBay fees and charges, and a penalty fee equal to 10% or $100 AUD, whichever is lower.
7. Once your items have sold, the business will make payment to your nominated bank account within 5 business days of the funds being paid out by eBay to the business, minus all fees and charges associated with the sale of the items as outlined in this form. You will be provided with an itemised invoice detailing all final sale prices, fees and any other charges prior to the payment being made, with any errors to be brought to the attention of the business as soon as they are identified.
8. If any item is not sold at auction, we will offer you the chance to relist the item again for auction a second time. If any item does not sell during the second auction, you must pay the return postage costs before we will send the items back to you. Failure to pay the return postage costs may lead to your items being deemed as Uncollected Goods in accordance with the Australian Consumer Law and Fair Trading Act 2012 and actions taken as per the Uncollected Goods process outlined in our Terms and Conditions page.
9. We will list all fixed price items for a maximum of 3 months, after which time we will discuss revisions to your pricing or potential return to you at your own cost.
10. The below payout percentages (inclusive of all eBay fees) apply to all items consigned through the business. An additional 1.1% fee will be applied to all international sales. If a customer is located outside of Australia, they will be liable for all international transfer fees associated with payout of their consignment balance. This includes but is not limited to PayPal Goods and Services fees (approx. 4% per transfer) and bank international wire transfer fees (approx. $25 AUD per transfer).

Final Sale Price Payout Percentage & Fees

Notes eBay About Auctions:

1. If you wish to provide a full list of all your cards, or an image of them, please do so by including them as an additional sheet attached to this form or an attachment to your email.
2. All auctions will be 7 days auctions that commence at 12pm every Sunday.

Notes About Fixed Price eBay Listings:

1. Prior agreement with the business is required for all fixed price listings. Typically only items with a value of $200 or higher will be accepted.
2. For Fixed Price Items please ensure you Minimum Sell Price reflects the price you will accept a sale for the card at as any offer received at or above this amount will be automatically accepted.
3. You can revise your List Price and Minimum Sell Price at any time by resubmitting this form but in most cases it won’t be adjusted until the next business day.

Notes About Auctions with Specific Start Bid:

1. All auctions will be 7 days auctions that commence at 12pm every Sunday.

Uncollected Goods Policy

If a customer has submitted items for grading via our service, and has not paid their invoice after being reminded, the business may determine these items as being uncollected goods in accordance with the the Australian Consumer Law and Fair Trading Act 2012 and Consumer Affairs Victoria. In general the following process will be applied to such items before the are deemed uncollected goods and disposed of:

1. Invoice will be emailed to the customer once the graded items have been returned to the business.
2. A reminder will be emailed to the customer no earlier than 10 business days after the original invoice was emailed to the customer.
3. If the invoice is not paid within 10 business days of the reminder email being sent to the customer without a payment agreement being in place, the business reserves the right to declare the items uncollected goods and commence the disposal process.
4. If the business deems the items to be uncollected goods, the owner will be contacted and provided written notice of intent to dispose of uncollected goods as required by Consumers Affairs Victoria. At this time the owner will have 28 days to make payment of their invoice.
5. If the invoice is not paid within 28 days without a payment agreement being in place, the business reserves the right to dispose of the items, which can include including selling, destroying or keeping them for our own use.

Imagery Policy

When you submit cards to the Business for any reason the Owner irrevocably grants the Business and Businesses assigns, licensees, and successors the right to use imagery of the items submitted to the Business and in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity. The customer waives the right to inspect or approve versions of the imagery used for publication or the written copy that may be used in connection with the images.

In Store Drop-Off Policy

When you drop off your items directly to us you agree to the following terms and conditions:

• You agree to the terms and conditions stated above for the relevant service chosen.
• All items are to be dopped off in a secure package, that is sealed to ensure the safety and security of the items. The business will not accept loose items in an unsealed package. This is necessary as your items may be stored in our safe room until they can be inwards processed by one of our staff.
• You verify that all items listed on the applicable submission form are present in your package and any errors or omissions will be notified to you at the time your package is opened via email and inwards processed by our staff. 

In Store Pickup Policy

Photo ID will be required by anyone picking up items in person from our store. Items will only be released to the person who originally submitted the items unless approval is received in writing via email from the specified owner. This must be provided in advance of the pick up appointment to avoid delays.

Once items have left the premises they are no longer the responsibility of the business and as such, the business will no longer be liable for any damage or loss incurred by the customer. The customer will be wholly responsible for the items once they have left the premises.

Shipping Policy

We ship all across Australia using Australia Post Parcels and always require signature on delivery for any shipment. You have the choice of regular parcel post of express post, just select your preferred service during checkout. Our packages are shipped with standard insurance only ($100 cover) so please select and pay for additional cover during checkout if you wish to have additional coverage up to the Australia Post maximum of $5,000 per package.

We only ship to the address you provide us so please ensure it is correct at the time of placing your order. If in doubt please contact us before placing your order.

Most orders will ship within 2-3 business days providing they are in stock. We do endeavor to ship within 1 business day however there is sometime a short delay if we have staff shortages on a given day.

Refund Policy

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return. This policy excludes items submitted via our PSA, BGS or SGC grading services.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at sales@thehobby.com.au. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at sales@thehobby.com.au.

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items
Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.

Unfortunately, we cannot accept returns on sale items or gift cards.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from thehobby.com.au (the “Site”).

Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, PayPal), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Minors
The Site is not intended for individuals under the age of 13.

Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at sales@thehobby.com.au or by mail using the details provided below:

The Hobby Australia Cards and Collectables, PO BOX 1319, Werribee Plaza, Hoppers Crossing VIC 3029, Australia

Terms of Service

OVERVIEW
This website is operated by The Hobby Australia Cards and Collectables. Throughout the site, the terms "the business", “we”, “us” and “our” refer to The Hobby  Australia Cards and Collectables. The Hobby  Australia Cards and Collectables offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of 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 services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Hobby, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Hobby and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - 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 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 constitutes 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 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@thehobby.com.au