Terms of Service

Terms of Service for Top Down Control

Overview

This website is operated by Top Down Control. In this policy, “we,” “us,” and “our” refer to Top Down Control. We offer this website, including all information, tools, and services available, to you, the user, subject to your acceptance of all terms, conditions, policies, and notices outlined here.

By visiting our site or purchasing from us, you engage in our “Service” and agree to these Terms of Service (“Terms”), including additional policies referenced herein (e.g., Privacy Policy, Return & Refund Policy). These Terms apply to all users, including browsers, customers, and vendors.

Please read these Terms carefully before using our website. By accessing or using any part of the site, you agree to these Terms. If you don’t agree, you must not access the website or use our Services.

We may update these Terms at any time by posting changes on this page. Your continued use of the site after changes are posted constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides the e-commerce platform for us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms, you confirm you are at least the age of majority in your state, territory, or country of residence (e.g., 18 in QLD, Australia, or 21 in some US states), or that you have consent to allow any minor dependents to use this site.
You must not use our products for any illegal or unauthorised purpose or violate any laws in your jurisdiction (e.g., copyright laws).
You must not transmit viruses, worms, or any destructive code.
Breaching these Terms will result in immediate termination of your access to our Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding payment information) may be transferred unencrypted across networks to adapt to technical requirements. Payment information is always encrypted during transfer.
You agree not to reproduce, copy, sell, resell, or exploit any part of the Service or website without our written permission.
Headings in this agreement are for convenience and do not affect the Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We’re not responsible if information on this site is inaccurate, incomplete, or outdated. Content is for general information only and should not be your sole basis for decisions without consulting more accurate or timely sources. Reliance on site content is at your own risk.
We may modify site content at any time but have no obligation to update it. You’re responsible for monitoring changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products may change without notice.
We may modify or discontinue the Service (or any part) at any time without notice.
We’re not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

Section 5 - Products or Services

Our products are available exclusively online and in limited quantities, subject to our Return & Refund Policy.
We strive to display product colours and images accurately, but we can’t guarantee your device’s display will be accurate.
We may limit sales to specific regions or customers and restrict quantities per order at our discretion. Product descriptions and pricing may change without notice. We may discontinue products at any time. Offers are void where prohibited.
We don’t guarantee that products or services will meet your expectations or that errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We may refuse, limit, or cancel orders at our discretion, including orders that appear to be from resellers or distributors, or orders using the same account, payment method, or shipping address. We’ll attempt to notify you via the email or phone number provided if we change or cancel an order.
You agree to provide accurate, current, and complete account and purchase information and to update it promptly to ensure we can process transactions and contact you as needed.
See our Return & Refund Policy for more details.

Section 7 - Optional Tools

We may provide access to third-party tools (e.g., Shopify apps) “as is” without warranties or endorsements. Your use of these tools is at your own risk, and we’re not liable for any issues arising from their use.
New features or tools added to the site will also be subject to these Terms.

Section 8 - Third-Party Links

Our site may include third-party content or links (e.g., to social media). We’re not responsible for the accuracy, content, or practices of third-party sites and aren’t liable for any harm or damages related to their use. Review third-party policies before engaging with them.

Section 9 - User Comments, Feedback, and Submissions

If you submit comments, feedback, or ideas (e.g., via email or surveys), we may use, edit, or distribute them without restriction or obligation to compensate you or keep them confidential.
We may monitor or remove content we deem unlawful, offensive, or in violation of these Terms, but we’re not obligated to do so.
Your submissions must not violate third-party rights (e.g., copyright, privacy) or contain unlawful or harmful material. You’re responsible for the accuracy of your submissions, and we’re not liable for them.

Section 10 - Personal Information

Your personal information is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

Our site may contain errors, inaccuracies, or omissions (e.g., in pricing, product descriptions, or availability). We may correct these or cancel orders affected by them without prior notice, even after an order is placed.
We’re not obligated to update information unless required by law.

Section 12 - Prohibited Uses

You must not use the site or its content:

• For unlawful purposes or to solicit illegal acts.
• To violate laws or regulations (e.g., intellectual property laws).
• To harass, discriminate, or harm others based on gender, race, religion, or other traits.
• To submit false information, viruses, or malicious code.
• To spam, phish, or interfere with the site’s security or functionality.
  We may terminate your access for violating these prohibitions.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We don’t guarantee that our Service will be uninterrupted, secure, or error-free, or that results from using it will be accurate or reliable.
The Service and products are provided “as is” without warranties, express or implied, including for merchantability, fitness for a purpose, or non-infringement.
Top Down Control, our directors, employees, affiliates, and partners aren’t liable for any direct, indirect, incidental, or consequential damages (e.g., lost profits, data loss) arising from your use of the Service or products, even if advised of the possibility.
In jurisdictions where liability limitations aren’t allowed, our liability is limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify and hold Top Down Control, our affiliates, partners, and employees harmless from any claims, including legal fees, arising from your breach of these Terms, violation of laws, or infringement of third-party rights.

Section 15 - Severability

If any provision of these Terms is unlawful or unenforceable, it will be severed, and the remaining provisions will remain valid.

Section 16 - Termination

These Terms are effective until terminated by you or us. You may terminate by ceasing to use our Services. We may terminate your access if you breach these Terms, and you’ll remain liable for any amounts due up to the termination date.

Section 17 - Entire Agreement

These Terms, along with our policies, constitute the entire agreement between you and us, superseding any prior agreements. Our failure to enforce any right doesn’t waive that right.

Section 18 - Governing Law

These Terms are governed by the laws of Queensland, Australia, reflecting our primary operations in QLD.

Section 19 - Changes to Terms of Service

We may update these Terms at our discretion by posting changes on this page. Your continued use of the site after changes are posted constitutes acceptance.

Section 20 - Contact Information

For questions about these Terms, contact us at:
Email: team@topdownctrl.com