Terms of service

OVERVIEW
Welcome to never not naughty! The terms "we", "us" and "our" refer to Highview Group Pty Ltd (ABN 91 640 570 476) trading as never not naughty. never not naughty operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). never not naughty is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referred to in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

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.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If any part of these Terms is inconsistent with those rights, that part applies only to the extent permitted by law.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you are using the Services with the involvement and consent of a parent or guardian. You also consent to any of your minor dependants using the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or buying our products, you may be asked to provide certain information, such as your email address and your billing, payment and shipping details. You confirm that all information you provide is correct, current and complete, and that you have the right to provide it.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS
We make every effort to show our products accurately. However, colours and product appearance may look different on your screen depending on your device and its settings.

All product descriptions are subject to change without notice at our discretion. We may discontinue any product at any time, and we may limit the quantities of any product we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We may accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order is accepted. If we do not accept, change or cancel an order, we will try to notify you using the email address, billing address and/or phone number provided with the order, and we will refund any amount you have paid for the affected items.

Returns and exchanges are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law.

You confirm that your purchases are for your own personal or household use and not for commercial resale.

SECTION 4 – PRICES AND BILLING
All prices are in Australian dollars (AUD) and include GST. Shipping costs are shown at checkout before you pay. For orders delivered outside Australia, any customs duties, import taxes or charges are your responsibility.

Prices, discounts and promotions may change without notice. The price you pay is the price in effect when you place your order, as shown in your order confirmation email. We may run promotions from time to time that have their own terms and conditions. If a promotion's terms conflict with these Terms, the promotion terms apply.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update your account details (including your email address and payment details) so we can complete your transactions and contact you as needed.

You confirm that (i) the payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method for the purchase, (iii) charges you incur will be honoured by your payment provider, and (iv) you will pay all charges you incur at the posted prices, including shipping.

SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. Subject to your rights under the Australian Consumer Law, we are not responsible for delays caused by shipping carriers, customs processing or events outside our reasonable control. If your order is lost or damaged in transit, please contact us and we will work with you and the carrier to resolve it. Title and risk in the products pass to you on delivery.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product designs, product reviews, video and audio, and the design, selection and arrangement of them, are owned by never not naughty, its affiliates or licensors. They are protected by Australian and international copyright, trademark and other intellectual property laws.

These Terms allow 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 material on the Services without our prior written consent, except as permitted by law. Nothing in these Terms grants you any licence or other right under any patent, trademark, copyright or other intellectual property of never not naughty, Shopify or any third party. All rights not expressly granted are reserved by never not naughty.

never not naughty's names, logos, product and service names, designs and slogans are trademarks of never not naughty or its affiliates or licensors. You must not use them without our prior written permission. 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
We may give you access to tools offered by third parties as part of the Services. We do not monitor or control these tools and have no input into them.

You acknowledge and agree that we provide access to these tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. To the extent permitted by law, we have no liability arising from or relating to your use of optional third-party tools.

Any use of these tools is at your own risk and discretion. You should make sure you are familiar with and approve of the terms on which the relevant third-party provider(s) offer them.

We may offer new features through the Services in the future, including new tools and resources. Any new features are also part of the Services and are subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain material and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for checking or evaluating the content or accuracy of any third-party material or website. If you choose to visit these materials or sites, you do so at your own risk.

To the extent permitted by law, we are not liable for any harm or damage related to your use of third-party websites, or to any products, services, resources or content you buy or use on them. Please review the third party's policies and practices before you engage in any transaction, and direct any complaints, claims, concerns or questions about their products and services to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
never not naughty 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 never not naughty. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and never not naughty, 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 never not naughty.

SECTION 10 – PRIVACY POLICY
We handle all personal information collected through the Services in accordance with our Privacy Policy [LINK] and the Privacy Act 1988 (Cth). Some personal information may also be subject to Shopify's Privacy Policy, available 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 them. Information you submit through the Services will be shared with Shopify and with other third parties, some of whom may be located outside Australia, in order to provide the Services to you. See our Privacy Policy [LINK] 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 send us any ideas, suggestions, feedback, reviews, proposals, plans or other content (together, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may use this licence to operate, provide, evaluate, improve and promote the Services.

You confirm that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any payment or incentive you received in connection with it, and (iii) your Feedback complies with these Terms. We have no obligation to keep your Feedback confidential, to pay you for it or to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback that we decide, at our discretion, is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's intellectual property or these Terms.

Your Feedback must not infringe any third party's rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. It must not contain unlawful, abusive or obscene material, or any virus or other malware that could affect the Services or any related website. You must not use a false email address, pretend to be someone else, or otherwise mislead us or anyone else about where your Feedback came from. You are responsible for your Feedback and its accuracy, and, to the extent permitted by law, we have no liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information in the Services may contain typographical errors, inaccuracies or omissions, including in product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We may correct any errors, inaccuracies or omissions, and change or update information, at any time. If an order was placed based on a clear error (such as an obviously incorrect price), we may cancel it, in which case we will notify you and give you a full refund.

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 breach any international, Commonwealth, state or territory law or regulation, or any local law; (c) to infringe our intellectual property rights or anyone else's; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any of our staff or any other person; (e) to send 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 send, or arrange the sending of, any advertising or promotional material, including spam, junk mail or chain letters; (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 that we determine may harm never not naughty, Shopify or users of the Services, or expose them to liability.

You also agree not to: (a) upload or send viruses or any other malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part 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 or extraction tool, automated device or process, AI tool (such as agentic AI), or other automated or manual means to access the Services; or (f) interfere with, bypass or circumvent any security or authorisation feature, robot exclusion header, or other measure we use to restrict access to the Services. We may suspend, disable or terminate your account at any time, without notice, if we determine that you have breached these Terms.

SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable or cause 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 direction of, any person or entity, and that can run on that person's behalf or on their 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 section 14.4. No Agent may access, use or interact with any Service we have asked it not to.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses or 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 Agent's name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obscure that any access, use or interaction is from an Agent, for example by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures intended to tell computers and humans apart; (iii) answer truthfully any question or prompt that seeks 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 terminate this agreement or your access to the Services (or any part of them) at our discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, 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 – DISCLAIMER OF WARRANTIES
Subject to your rights under the Australian Consumer Law, the information presented on or through the Services is provided for general information only. We do not warrant that it is accurate, complete or useful, and any reliance you place on it is at your own risk.

TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY OTHER REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, never not naughty, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THEM.

WHERE OUR LIABILITY FOR FAILING TO COMPLY WITH A CONSUMER GUARANTEE CAN LAWFULLY BE LIMITED, IT IS LIMITED (AT OUR OPTION) TO REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS, OR PAYING THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS.

SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify never not naughty, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims (including reasonable legal fees) payable to a third party, to the extent they arise from (1) your breach of these Terms or the documents they incorporate, (2) your breach of any law or the rights of a third party, or (3) your misuse of the Services.

We will notify you of any claim covered by this indemnity. A failure to notify you promptly will not relieve you of your obligations unless you are materially disadvantaged by it. We may control the defence and settlement of any such claim at your expense, including the choice of lawyers, but we will not settle any claim that requires you to do something other than pay money without your consent (which you must not unreasonably withhold). You will cooperate with us in defending any such claim, including by providing relevant documents.

SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, it will still be enforced to the fullest extent permitted by law, and the unenforceable part will be treated as removed from these Terms. This will not affect the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not exercise or enforce any right or provision of these Terms, that does not mean we have waived it.

These Terms, together with any policies or operating rules we post on this site or in relation to the Services, make up the entire agreement between you and us and govern your use of the Services. They replace any earlier or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including any earlier versions of these Terms.

Any ambiguity in these Terms will not be interpreted against the party that drafted them.

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. Any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent, provided this does not reduce your rights under the Australian Consumer Law.

SECTION 22 – GOVERNING LAW
These Terms, and any separate agreements under which we provide the Services to you, are governed by the laws of Tasmania, Australia. You and never not naughty submit to the non-exclusive jurisdiction of the courts of Tasmania and the Commonwealth of Australia.

SECTION 23 – HEADINGS
The headings in these Terms are for convenience only and do not limit or otherwise affect them.

SECTION 24 – CHANGES TO THESE TERMS
You can review the current version of these Terms at any time on this page.

We may update, change or replace any part of these Terms at our discretion by posting the changes on our website. We will notify you of any material changes as required by law, and they will take effect on the date specified in the notice. Changes do not affect orders placed before the change takes effect. If you continue to use or access the Services after changes are posted, you accept those changes.

SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to contact@nevernotnaughty.com.au.

Highview Group Pty Ltd trading as never not naughty
ABN: 91 640 570 476
Email: contact@nevernotnaughty.com.au
Address: 7277, Tasmania