Terms of service
OVERVIEW
Welcome to Hey Sister Scrub Club. In these Terms, "we", "us" and "our" refer to Stephanie Jayne Moore trading as Hey Sister Scrub Club (ABN 61 384 804 100), and "you" refers to you, the customer.
We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the "Services"). Hey Sister Scrub Club is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced in them (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 and cover areas such as warranty disclaimers and limitations of liability.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, where doing so would be unlawful. Where any part of these Terms would have that effect, it is to be read down or severed so that it does not. Please see Section 16 (Your Rights Under the Australian Consumer Law).
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.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in every Australian State and Territory), or that you are accessing the Services with the consent and supervision of a parent or guardian who agrees to be bound by these Terms. You also give 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 store or purchasing any of the products 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 store 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 activity carried out under your account, other than activity arising from our own act or omission. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Subject to Section 16, we do not warrant that the appearance of any product purchased by you will be identical to the way it is depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Any change of this kind will not affect an order we have already accepted.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order acting reasonably, including where the product is unavailable, where there has been a pricing or description error, where we are unable to verify your payment or delivery details, or where we reasonably suspect fraudulent or unauthorised activity. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation or amendment requests once an order has been accepted and processed. If we are able to accommodate a change, we will do our best to help - just contact us as soon as possible at hello@heysisterscrubclub.com.au.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made, and we will refund in full any amount you have already paid for that order.
Your purchases are subject to return or exchange in accordance with our Refund Policy, and in accordance with your rights under the Australian Consumer Law (see Section 16).
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES, GST AND BILLING
All prices displayed in our online store are in Australian dollars (AUD) and are inclusive of GST where GST applies. Shipping and handling charges are additional and are displayed at checkout before you complete your order.
For orders shipped outside Australia, GST may not apply, and any customs duties, import taxes, brokerage or handling charges imposed by the destination country are your responsibility and are payable by you to the relevant authority or carrier. These charges are not included in our prices and are outside our control.
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed and will be set out in your order confirmation email.
Prices posted in our online store may be different from prices offered at markets, pop-ups, or in online or other stores operated by third parties. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorised to use that payment method for the purchase, (iii) charges incurred by you will be honoured by your card issuer or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.
Payments may be processed by third-party providers (including Shopify Payments and buy-now-pay-later providers such as Afterpay). Your use of those services is also subject to the provider's own terms and conditions.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times quoted are estimates only and are not guaranteed. Subject to Section 16, we are not responsible for delays caused by shipping carriers, customs processing, severe weather or other events outside our reasonable control. If your delivery is significantly delayed, please contact us and we will help you follow it up with the carrier.
Title to the goods passes to you once we have received payment in full. Risk of loss or damage to the goods remains with us until the goods are delivered to the delivery address you nominate. If you (or a person you authorise) direct the carrier to leave goods unattended, redirect the delivery, or collect from a parcel locker or collection point, risk passes to you at the point the goods are delivered or made available in accordance with that direction.
Free shipping thresholds, delivery timeframes, and available shipping methods are set out in our Shipping Policy and may change from time to time.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trade marks, brands, text, displays, images, graphics, garment designs, prints, artwork, product photography, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Hey Sister Scrub Club or its licensors and are protected by Australian and international copyright, trade mark and other intellectual property laws.
Every print and garment design sold by Hey Sister Scrub Club is an original work created for and exclusive to Hey Sister Scrub Club.
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. You must not use any material on the Services to train, fine-tune, develop or evaluate any machine learning or artificial intelligence model or system.
Except as expressly provided in these Terms, nothing in these Terms grants or is to be construed as granting a licence or other rights to you under any patent, trade mark, copyright or other intellectual property of Hey Sister Scrub Club, Shopify or any third party. Unauthorised use of the Services may be a breach of Australian and international intellectual property laws. All rights not expressly granted are reserved by Hey Sister Scrub Club.
Hey Sister Scrub Club's names, logos, product names, designs and slogans are trade marks of Hey Sister Scrub Club or its licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trade marks 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 or input over.
Subject to Section 16, 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, and that we have no liability arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those 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 will 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.
Subject to Section 16, we are not liable for any harm or loss related to your access of any third-party website, or your purchase or use of any products, services, resources or content on any third-party website. 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 that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Hey Sister Scrub Club 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 Hey Sister Scrub Club. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Hey Sister Scrub Club, including any injury, damage or loss resulting from purchased products.
To the extent permitted by law, and subject to Section 16, you release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Hey Sister Scrub Club.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is handled in accordance with our Privacy Policy, which can be viewed here, and the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Certain personal information may also 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 countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more detail on how we, Shopify and our partners use your personal information, and on how you can access, correct or complain about our handling of your personal information.
SECTION 11 - FEEDBACK, REVIEWS & USER CONTENT
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photographs, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence 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 licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
If you tag us or use our branded hashtags on social media, you agree that we may reshare that content on our own channels with credit to you. If you would prefer we didn't, just let us know and we'll take it down.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any payment, free product, discount or other incentive you received in connection with your submission of any review or endorsement, as required by the Australian Consumer Law and the ACCC's guidance on testimonials and endorsements; and (iii) your Feedback will comply with these Terms. We are and will 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 reasonably determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not be defamatory or otherwise unlawful, abusive or obscene, and will not contain any computer virus or other malware that could 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.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel affected orders where information was inaccurate, at any time and without prior notice (including after you have submitted your order). Where we cancel an order for this reason, we will notify you and refund you in full for that order.
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 Australian Commonwealth, State, Territory or local laws, regulations, rules or ordinances, or the laws of any other applicable jurisdiction; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate or threaten any of our team members 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 may reasonably be expected to harm Hey Sister Scrub Club, 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, scraper, data gathering and extraction tool, automatic device or process, AI tool (including agentic AI) or automated means to access the Services, except as expressly permitted under Section 14; or (f) interfere with, bypass or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services.
We may suspend, disable or terminate your account in accordance with Section 15 if you breach this Section.
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 a person's device without direct supervision.
14.2 No Agent may access, use or interact with the 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 the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the 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 interaction is from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (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 suspend or terminate your access to the Services (or any part of them) where you have breached these Terms, where we reasonably suspect fraudulent, unlawful or abusive activity, or where we are required to do so by law. We may also discontinue the Services generally on reasonable notice. Termination does not affect any order we have already accepted, 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, Your Rights Under the Australian Consumer Law, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - 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.
These rights sit alongside, and are not limited by, our Refund Policy. Our Refund Policy also sets out any additional change-of-mind returns or exchanges we choose to offer as a courtesy - those are extra, and they don't reduce your legal rights.
Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law, to the extent that doing so would be unlawful. Any provision of these Terms that would otherwise have that effect is to be read down or severed to the extent necessary.
If you think something has gone wrong with your order, please contact us first at hello@heysisterscrubclub.com.au - we'll always try to sort it out with you directly. You may also contact the Australian Competition and Consumer Commission (accc.gov.au) or the Queensland Office of Fair Trading.
SECTION 17 - DISCLAIMER OF WARRANTIES
This Section applies subject to Section 16.
The information presented on or through the Services is made available solely for general information purposes. Subject to Section 16, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY HEY SISTER SCRUB CLUB, AND SUBJECT TO SECTION 16 AND ANY OTHER RIGHTS YOU HAVE UNDER LAWS THAT CANNOT BE EXCLUDED, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SECTION 18 - LIMITATION OF LIABILITY
This Section applies subject to Section 16.
Where the Australian Consumer Law applies and the goods or services we supply are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to: (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or acquiring equivalent goods; or (d) paying the cost of having the goods repaired.
Subject to Section 16 and to the maximum extent permitted by law, in no case shall Hey Sister Scrub Club, our partners, employees, contractors, agents, service providers or licensors, or those of Shopify and its affiliates, be liable for any indirect, incidental, punitive, special or consequential loss or damage of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services.
Subject to Section 16 and to the maximum extent permitted by law, our total aggregate liability to you in connection with any order is limited to the amount you paid to us for that order.
Nothing in this Section limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited or excluded by law. Our liability is reduced to the extent that your own act or omission, or that of a person you are responsible for, caused or contributed to the loss.
SECTION 19 - INDEMNIFICATION
You agree to indemnify us and hold us harmless from any loss, damage, liability or claim, including reasonable legal costs, payable to any third party to the extent it arises out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your unlawful or unauthorised access to and use of the Services.
This indemnity does not apply to the extent that the loss or claim was caused or contributed to by us, our employees or our contractors.
We will notify you promptly of any claim we say is covered by this indemnity and will give you a reasonable opportunity to participate in its defence. We will not settle any such claim in a way that imposes an obligation on you without your consent (not to be unreasonably withheld). You will cooperate reasonably in the defence of indemnified claims, including by providing relevant documents.
SECTION 20 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. That determination will not affect the validity and enforceability of the remaining provisions.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service). Nothing in this clause limits your rights in respect of any statement made by us that was misleading or deceptive.
SECTION 22 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations to a purchaser of our business, provided your rights under these Terms are not materially reduced. We will give you notice of any such transfer.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the State of Queensland, Australia. You and Hey Sister Scrub Club submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
Nothing in this Section prevents you from bringing a claim in, or seeking assistance from, any other forum available to you under the Australian Consumer Law, including a State or Territory consumer affairs or fair trading body, or a tribunal such as the Queensland Civil and Administrative Tribunal.
SECTION 24 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 - 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 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. Changes will not apply retrospectively to orders we have already accepted. 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 26 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at hello@heysisterscrubclub.com.au.
Our details are:
Registered business name: Hey Sister Scrub Club
ABN: 61 384 804 100 (Registered for GST)
Postal address: PO Box 5039, Maroochydore BC QLD 4558
Website: www.heysisterscrubclub.com.au