Terms and conditions
Conditions Relating to Your Use of Toba World - Conscious Flow (Australian Registered Business)
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us.
Toba World - Conscious Flow (Australian Registered Business) reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Privacy
Please review our Privacy Notice which also governs your visit to Toba World - Conscious Flow (Australian Registered Business), to understand our practices.
3. Access to Toba World - Conscious Flow (Australian Registered Business)
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for website access
Toba World - Conscious Flow (Australian Registered Business) grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Toba World - Conscious Flow (Australian Registered Business). This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Toba World - Conscious Flow (Australian Registered Business) and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Toba World - Conscious Flow (Australian Registered Business)'s or its affiliates' names or trademarks without the express written consent of Toba World - Conscious Flow (Australian Registered Business). Any unauthorised use terminates the permission or license granted by Toba World - Conscious Flow (Australian Registered Business).
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Toba World - Conscious Flow (Australian Registered Business) as long as the link does not portray Toba World - Conscious Flow (Australian Registered Business), its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Toba World - Conscious Flow (Australian Registered Business) logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Toba World - Conscious Flow (Australian Registered Business), are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Toba World - Conscious Flow (Australian Registered Business) reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant Toba World - Conscious Flow (Australian Registered Business) and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) Toba World - Conscious Flow (Australian Registered Business) and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Toba World - Conscious Flow (Australian Registered Business), including the execution of deeds and documents, at the request of Toba World - Conscious Flow (Australian Registered Business).
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Toba World - Conscious Flow (Australian Registered Business): (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Toba World - Conscious Flow (Australian Registered Business) policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Toba World - Conscious Flow (Australian Registered Business) and its affiliates for all claims brought by a third party against Toba World - Conscious Flow (Australian Registered Business) or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Defamation claims
Toba World - Conscious Flow (Australian Registered Business) operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately. Once this procedure has been followed, Toba World - Conscious Flow (Australian Registered Business) will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
8. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Toba World - Conscious Flow (Australian Registered Business), its affiliates or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Toba World - Conscious Flow (Australian Registered Business) and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Toba World - Conscious Flow (Australian Registered Business), our affiliates or our software suppliers and is protected by Australian, Luxembourg and international copyright and author' rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Toba World - Conscious Flow (Australian Registered Business)'s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Toba World - Conscious Flow (Australian Registered Business)'s express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Toba World - Conscious Flow (Australian Registered Business)'s express written consent.
9. Trademarks
TOBA WORLD - CONSCIOUS FLOW (AUSTRALIAN REGISTERED BUSINESS). Toba World - Conscious Flow (Australian Registered Business)'s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Conscious Flow. Conscious Flow’s trademarks and trade dress may not be used in connection with any product or service that is not Conscious Flow, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon. All other trademarks not owned by Conscious Flow that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored.
PART II Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Toba World - Conscious Flow (Australian Registered Business) to you, and the sale of products by Warehouse Deals on Toba World - Conscious Flow (Australian Registered Business) to you. For conditions relating to the sale by third parties to you on Toba World - Conscious Flow (Australian Registered Business), see also the other party's term's and conditions. Third parties displayed on this site will always be notified as such and their relationship to Toba World, Conscious Flow (ARBN) will be stated.
10. Our contract
When you place an order to purchase a product from Toba World - Conscious Flow (Australian Registered Business), we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
11. Returns
Please review our Returns Policy which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.
12. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of products in our catalogue may be mispriced due to sale or distributor variance. We verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
All prices are inclusive of relevant TAX (e.g. GST, VAT) unless stated otherwise.
13. Customs
When ordering goods from Toba World - Conscious Flow (Australian Registered Business) for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Toba World - Conscious Flow (Australian Registered Business), you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
14. Sales to Children
Toba World - Conscious Flow (Australian Registered Business) does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Toba World - Conscious Flow (Australian Registered Business) only with the involvement of a parent or guardian.
15. Other businesses
Parties other than Toba World - Conscious Flow (Australian Registered Business) and its subsidiaries may operate stores, provide services, or sell product lines displayed on this website. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Toba World - Conscious Flow (Australian Registered Business) does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use. We do not share your financial details and information protected under privacy laws without your consent.
16. Electronic communications
When you visit Toba World - Conscious Flow (Australian Registered Business) or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17. Losses
Toba World - Conscious Flow (Australian Registered Business) will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Toba World - Conscious Flow (Australian Registered Business) does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
18. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
20. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Australia, the Grand Duchy of Luxembourg, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City.
22. Our details
Toba World - Conscious Flow (Australian Registered Business) is the trading name for Toba World & Conscious Flow (Australian Registered Business).
This website is owned and operated by Conscious Flow Registered 2009 (https://www.abr.gov.au)
For the Toba World - Conscious Flow (Australian Registered Business) website
Notice and Procedure for Making Claims of Infringement
Toba World, Toba Studio and all Brand ranges are trading under Conscious Flow (Australian Registered Business).
Important Warning: giving false, misleading or inaccurate information in the Notice to Toba World - Conscious Flow (Australian Registered Business) may result in civil liability. You should contact a solicitor should you have any questions.
Notice Procedure:
If you believe that your intellectual property is being violated by an item or information on the Toba World - Conscious Flow (Australian Registered Business) site, you may contact us.
