Terms of service

OVERVIEW

Welcome to Boring™! The terms "we", "us" and "our" refer to Boring™. Boring™ 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"). Boring™ is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") 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.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ), or any other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, 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.

SECTION 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.

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.

This section does not affect any consumer guarantee that products will be of acceptable quality, fit for purpose, and match their description, as provided under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ), as applicable.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Boring™ reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Boring™ confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Boring™ 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 will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy and any consumer guarantees you have under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ), as applicable.

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

SECTION 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. Prices are displayed in the currency applicable to your selected market (for example, AUD for Australia, NZD for New Zealand) and do not include shipping, handling, customs or import charges unless otherwise stated. Where currency conversion applies, exchange rates are determined at the time of purchase and may include a conversion fee, as disclosed at checkout. GST (where applicable) is included in the displayed price.

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. If there is a conflict between the terms for a promotion and these Terms, 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 (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your card issuer or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we transfer products to the carrier, risk of loss passes to you, except as otherwise required by law. This section does not limit any consumer guarantee relating to delivery within a reasonable time under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ), as applicable.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Boring™, its affiliates or licensors and are protected by Australian and international copyright, trade mark and other intellectual property laws.

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 grants or shall be construed as granting a license or other rights to you under any trade mark, copyright, or other intellectual property of Boring™, Shopify or any third party. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Boring™.

Boring™'s names, logos, product and service names, designs, and slogans are trademarks of Boring™ or its affiliates or licensors. You must not use such trademarks without the prior written permission of Boring™. 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

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 representations or conditions of any kind and without any endorsement, except for any guarantees that cannot be excluded by law. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, to the extent permitted by law.

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).

SECTION 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 of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites, except as required by law. 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.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Boring™ 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 Boring™. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Boring™, including any injury, damage, or loss resulting from purchased products and services, except to the extent such liability cannot be excluded by law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed 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 the Services for you. Information you submit to the Services 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 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 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 are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms and applicable law, including that reviews and testimonials are genuine and not misleading, consistent with the Australian Consumer Law's prohibition on fake or deceptive reviews.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

SECTION 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 any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), subject to your rights under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ), as applicable.

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 violate any Commonwealth, state or territory law or regulation; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, or intimidate 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 these Terms; (g) to transmit unsolicited advertising or spam; (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 Boring™, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (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.

SECTION 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. No Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.

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

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent 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 thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. Any reliance you place on such information is at your own risk, except as otherwise provided by law.

Except as required by the Australian Consumer Law, the Consumer Guarantees Act 1993 (NZ), or other applicable law, the Services and all products offered through the Services are provided "as is" and "as available", without any representation, warranty or condition of any kind, either express or implied. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ) that cannot lawfully be excluded, restricted or modified, including guarantees as to acceptable quality, fitness for purpose, and correspondence with description.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Boring™, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, shall not be liable for any indirect, special, or consequential loss or damage (including loss of profits, revenue, or data) arising from your use of the Services or any products procured using the Services.

Where the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ) implies a guarantee that cannot be excluded, but liability for breach may be limited, our liability is limited, at our option, to (as applicable) the replacement, repair, or resupply of the goods or services, or the cost of doing so.

Nothing in these Terms excludes, restricts or modifies any right or remedy which cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ).

SECTION 18 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Boring™, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or reasonable costs payable to any third party arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your misuse of the Services. This indemnity does not apply to the extent any loss, damage or liability is caused by our negligence, wilful default, or breach of a guarantee under the Australian Consumer Law or the Consumer Guarantees Act 1993 (NZ).

SECTION 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.

SECTION 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 constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

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, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Boring™ submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. This choice of law does not deprive you of any protection afforded to you by non-derogable provisions of the law of the country in which you are resident, including any consumer guarantees under the Consumer Guarantees Act 1993 (NZ), where applicable.

SECTION 23 - HEADINGS

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

SECTION 24 - 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 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.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@stay-boring.com