TERMS & CONDITIONS

Welcome to IM TAKEN.

By accessing or using www.imtaken.com.au ("the Site"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, please discontinue use immediately.

1. Operator

The Site is operated by IM TAKEN Pty Ltd (ABN 98 132 246 394) (“IM TAKEN”, “we”, “our”, or “us”).

We may amend these Terms from time to time. Continued use of the Site after amendments constitutes acceptance of the revised Terms.

2. Intellectual Property

All content on the Site, including text, images, product designs, graphics, logos, and layout, is owned or licensed by IM TAKEN and protected by Australian copyright, trademark, and other intellectual property laws.

You may browse and make purchases for personal use only. You must not copy, reproduce, modify, distribute, or exploit any part of the Site without our prior written consent.

3. Use of Site

You agree that you will not:

• Use the Site for any unlawful purpose or in a manner that may damage or impair the Site or our reputation;

• Interfere with or disrupt the security or functionality of the Site;

• Collect data or information about other users without authorisation; or

• Breach any applicable laws, including privacy or intellectual property laws.

4. User Accounts

If you create an account, you must ensure all information provided is true and accurate. Accounts are personal and non-transferable.

You are responsible for maintaining the confidentiality of your login details and all activity that occurs under your account.

5. Hyperlinks and External Sites

Our Site may contain links to external websites operated by third parties. These links are provided for your convenience only.

IM TAKEN does not control and is not responsible for the content, accuracy, or privacy practices of any third-party site. The inclusion of a link does not imply our endorsement of that site or any products or services offered through it.

You access any external sites entirely at your own risk, and you should review the terms and privacy policies of those sites before using them.

6. Orders and Availability

When you place an order through the Site, you are making an offer to purchase the goods subject to these Terms. We may accept, reject, or limit your order in our discretion. If we are unable to fulfil your order, you will be contacted and offered an alternative or a refund.

All prices are in Australian dollars (AUD) and inclusive of GST unless stated otherwise.

7. Gift Cards and Store Credit

• Valid for three (3) years from the date of issue, unless otherwise required by law;

• Not transferable, exchangeable, or redeemable for cash;

• Remaining balances will be available for future use until expiry.

8. Promotions and Discount Codes

Promotional and discount codes are non-transferable, not redeemable for cash, and cannot be used in conjunction with any other offer.

IM TAKEN reserves the right to cancel or refuse a promotion or code at its discretion. Additional promotion-specific terms may apply and will be stated where relevant.

9. Competitions and Giveaways

Any competition, giveaway, or prize draw conducted by IM TAKEN will have separate terms and conditions. Participation in such activities also constitutes acceptance of these general Terms.

10. Shipping and Delivery

Details regarding shipping options, delivery timeframes, and handling of lost or damaged parcels are set out in our separate Shipping & Delivery Policy available on the Site.

Nothing in that policy limits your rights under the Australian Consumer Law, including your entitlement to a remedy if goods are not supplied within a reasonable time or arrive damaged.

11. Returns and Refunds

Information about change-of-mind returns, faulty goods, and refund processes is outlined in our Returns & Refunds Policy available on the Site.

12. Limitation of Liability

To the fullest extent permitted by law:

• IM TAKEN excludes all liability for any indirect, incidental, or consequential loss arising from your use of the Site or goods purchased through it; and

• Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable law.

13. Consumer Guarantees

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 goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

14. Privacy Policy

Our Privacy Policy explains how we collect, use, disclose, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

By using the Site, you consent to the collection and handling of your personal information as described in our Privacy Policy.

That policy operates alongside your rights under the Australian Consumer Law, which guarantees that our goods are of acceptable quality and provides remedies if they are not.

15. Amendments

IM TAKEN may update these Terms at any time by publishing the revised version on this Site. The version that applies to your order will be the one in force at the time you placed it.

16. General Terms

These Terms constitute the entire agreement between you and IM TAKEN regarding your use of the Site.

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

These Terms are governed by the laws of Victoria, Australia, and you submit to the exclusive jurisdiction of its courts.

17. Contact Us

Questions about these Terms? Contact us at:

IM TAKEN

Email: info@imtaken.com.au

Melbourne, VIC, Australia

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