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Welcome to thirdofthefifth. By accessing or using our website, products, and services (“Services”), you agree to be bound by the following Terms of Service (“Terms”). Please read them carefully before using the site.

If you do not agree to these Terms, you must not use our Services.

1. Overview

This website is operated by thirdofthefifth. Throughout the site, “we”, “us”, and “our” refer to thirdofthefifth. We offer this site, including all information, tools, and services available, conditional upon your acceptance of these Terms.

2. Eligibility

By using our Services, you represent that you are:

  • At least 18 years old, or accessing with the permission and supervision of a parent or guardian; and

  • Legally capable of entering into binding contracts.

3. Online Store Terms

You agree not to use our products for any unlawful or unauthorised purpose. You must not transmit any malicious code, viruses, or destructive data that could disrupt our Services.

A breach of these Terms may result in immediate termination of your Services.

4. Accuracy and Completeness of Information

We take care to ensure the accuracy of product descriptions, pricing, and other content. However, we do not guarantee that all information on the site is error-free, complete, or up to date.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

5. Product Availability and Pricing

  • All products are subject to availability.

  • We may limit quantities purchased per person, per household, or per order.

  • Prices may change without notice.

  • We reserve the right to discontinue any product at any time.

6. Orders and Payment

By placing an order, you agree that:

  • You are authorised to use the payment method provided;

  • All information provided is accurate and complete;

  • Your order may be refused, cancelled, or limited at our discretion.

Payment is processed via secure third-party payment providers. We are not responsible for payment processing errors or issues.

7. Shipping and Delivery

Shipping times and costs are outlined in our Shipping Policy, incorporated into these Terms by reference.

Once an order is dispatched, ownership transfers to you upon delivery. We are not responsible for delays caused by couriers, customs, or external factors.

8. Returns & Refunds

Returns are governed by our Returns & Exchanges Policy, incorporated by reference.

We reserve the right to refuse returns that do not meet the policy conditions.

9. Customs, Duties & Taxes

For international orders, customs duties, taxes, and fees may apply and are the responsibility of the customer.

If you refuse to pay import charges, resulting return costs and handling fees will be deducted from your refund.

10. Third-Party Services

Certain content, tools, or services may involve third-party providers (e.g., payment gateways, delivery partners). We are not responsible for their practices, policies, or performance.

You should review the terms and policies of third-party providers before use.

11. Intellectual Property

All content on this website—including text, images, graphics, logos, designs, product names, and trademarks—is the property of thirdofthefifth and protected by intellectual property laws.

You must not reproduce, distribute, modify, or create derivative works without our written permission.

12. Prohibited Uses

You are prohibited from using the site or its content to:

  • Engage in unlawful activity

  • Infringe upon intellectual property

  • Harass, discriminate, defame, or abuse others

  • Upload malware or malicious code

  • Scrape, extract, or harvest data

  • Interfere with security features or site functionality

Violation may result in termination of your access.

13. Disclaimers

We do not guarantee that:

  • The service will be uninterrupted, timely, secure, or error-free;

  • Defects will be corrected;

  • The results obtained from the use of the service will be accurate or reliable.

Products are provided “as is” without warranties except those required by law.

14. Limitation of Liability

To the maximum extent permitted by law, thirdofthefifth is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

  • Use or inability to use the Services

  • Errors, omissions, or inaccuracies in content

  • Unauthorised access to your data

  • Third-party conduct or events outside our control

Where liability cannot be excluded under Australian Consumer Law, it will be limited to the replacement of goods or a refund at our discretion.

15. Indemnification

You agree to indemnify and hold harmless thirdofthefifth and its affiliates, directors, and employees from any claims or demands arising from your breach of these Terms or misuse of the Services.

16. Privacy

Your use of the website is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

17. Changes to Terms

We may update these Terms at any time. The most current version will always be available on this page. Continued use of our Services constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of New South Wales, Australia, unless otherwise required by local consumer protection laws.

Disputes must first be addressed via good-faith negotiation before proceeding to formal resolution.

19. Contact Information

For questions regarding these Terms of Service, please contact us:

Email: hello@thirdofthefifth.com

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