Terms of service

Overview

Welcome to Tide & Hooked! The terms "we", "us" and "our" refer to Tide & Hooked. Tide & Hooked operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Tide & Hooked is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd or Shopify International Limited, depending on where Tide & Hooked is located, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our privacy policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our products

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase and authorize us and our payment processors to charge your selected payment method for the total amount of your order. Tide & Hooked reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Tide & Hooked confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Tide & Hooked may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. Returns, refunds and exchanges are subject to our return and refund policy and your rights under Australian Consumer Law, Nothing in these terms limits your statutory consumer rights. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices displayed on our website are in Australian Dollars (AUD). Product prices include any taxes required by law to include in the advertised price. Tide & Hooked is not currently registered for GST and does not charge GST on sales. Shipping charges are calculated and clearly displayed at checkout before payment is completed. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) that the information you provide for such payment method is true, correct and complete, (3) charges incurred by you will be honored by the provider of your payment method, and (4) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

5. Shipping and delivery

Tide & Hooked currently ships within Australia only.

Estimated processing and delivery times are provided in our Shipping Policy. These timeframes are estimates and may be affected by circumstances outside our reasonable control.

We will take reasonable steps to dispatch orders within the advertised processing time and assist customers with delivery enquiries, including lost or delayed parcels.

Preorder items may have longer processing and dispatch times, as disclosed in the relevant product listing and our Shipping Policy.

Nothing in this section excludes, restricts or modifies any rights customers have under Australian Consumer Law.

See our shipping policy for more details.

6. Intellectual property

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, video, and audio are owned by Tide & Hooked, its affiliates or licensors and are protected by U.S. and foreign trademark, copyright and other intellectual property laws. Similarly, the product listings are managed and owned by Tide & Hooked. The purchase or delivery of any product does not grant or confer any intellectual property rights, including any patent, copyright, trademark, or other proprietary right, in or to the product, its design, software, or underlying technology. All such rights remain exclusively with Tide & Hooked or the original rights holder. These Terms permit 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 of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms of Service grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Tide & Hooked, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by Tide & Hooked. Tide & Hooked's names, logos, product and service names, designs, and slogans are trademarks of Tide & Hooked or its affiliates or licensors. You must not use such trademarks without the prior written permission of Tide & Hooked. 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.

7. Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

8. Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk. We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

9. Relationship with Shopify

Tide & Hooked is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any sales and purchases you make in our Store are made directly with Tide & Hooked. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Tide & Hooked, 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 Tide & Hooked.

10. Privacy policy

Our privacy policy explains how we may collect, use, and disclose certain personal information from your use of the Services. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, as you browse and interact with the Services, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transaction. Shopify may use this information for purposes including but not limited to providing, securing, and improving the Services; processing transactions; and helping prevent fraud on this website and on other websites that are powered by Shopify. Information collected when you visit or use the Services, including information collected automatically about your browsing activity, will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy and Shopify’s privacy policy for more details on how we, Shopify, and our partners use your personal information.

11. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (1) you own or have all necessary rights to all Feedback; (2) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (3) your Feedback will comply with these Terms of Service. We are and shall be under no obligation (a) to maintain your Feedback in confidence; (b) to pay compensation for your Feedback; or (c) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

12. Errors, inaccuracies and omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited uses

13.1 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 violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (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 which, as determined by us, may harm Tide & Hooked, Shopify or users of the Services, or expose them to liability.

13.2 In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion 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, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of 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 instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (a) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (b) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (i) mimicking human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (c) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (d) 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.

15. Termination

Tide & Hooked may suspend or terminate access to our Services where a customer breaches these Terms of Service, engages in fraudulent or unlawful activity, or where suspension or termination is reasonably necessary to protect the security or operation of our website.

Where reasonably practicable, we will provide notice of the suspension or termination.

Termination will not affect any rights or obligations arising from orders already accepted, including customers’ rights under Australian Consumer Law.

Any provisions of these Terms that are intended to survive termination will continue to apply to the extent permitted by law.

16. Disclaimer of warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

All products sold by Tide & Hooked are subject to the consumer guarantees provided under Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot lawfully be excluded, restricted or modified.

Customers may be entitled to a repair, replacement, refund or compensation where products fail to meet applicable consumer guarantees.

Any additional warranties or representations provided by Tide & Hooked operate alongside, and do not replace, customers’ statutory rights.

17. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under Australian Consumer Law or other applicable legislation.

To the extent permitted by law, Tide & Hooked is not liable for losses arising from circumstances outside our reasonable control where such liability may lawfully be excluded.

This section does not limit customers’ rights to remedies or compensation for reasonably foreseeable loss or damage arising from a failure to comply with applicable consumer guarantees.

18. Indemnification

To the extent permitted by law, customers may be responsible for reasonable losses or expenses directly caused by their unlawful conduct, fraud, or intentional breach of these Terms of Service.

Customers will not be responsible for losses or expenses caused by Tide & Hooked’s own negligence, unlawful conduct or failure to meet its legal obligations.

Nothing in this section limits any rights or remedies available under Australian Consumer Law.

19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Nothing in these Terms limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of these Terms conflicts with those rights, those rights will apply.

20. Waiver; entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

21. Assignment

Customers may not transfer their rights or obligations under these Terms of Service without our prior written consent, which will not be unreasonably withheld.

Tide & Hooked may transfer its rights or obligations where reasonably necessary for legitimate business purposes, provided that doing so does not materially reduce customers’ contractual rights or protections.

Where a transfer materially affects customers, we will provide reasonable notice and comply with applicable law.

Nothing in this section limits customers’ rights under Australian Consumer Law.

22. Governing law

These Terms of Service are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws, including Australian Consumer Law.

Any disputes arising in connection with these Terms will be subject to the jurisdiction of the courts of New South Wales, Australia, subject to any mandatory rights customers may have under applicable law.

Nothing in these Terms limits any rights or remedies available under Australian Consumer Law.

23. Translations

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Tide & Hooked (acting in its sole discretion) or as required by applicable law.

24. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

25. Electronic communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email, in-account notice, or posting on the Services. These communications may relate to your orders, account, purchases, returns, these Terms of Service, or other Services-related matters. You are responsible for keeping your contact information current.

26. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Changes to these Terms will generally apply to future orders and use of our Services. Changes will not retrospectively alter the terms of orders already accepted without the customer’s agreement, except where required by law. We will provide reasonable notice of material changes where applicable.