Terms of Service

Legal terms and conditions for using NovaSound products and services

Last updated: January 1, 2025

1. Acceptance of Terms

By accessing and using NovaSound's products, services, and website, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and NovaSound regarding your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

If you do not agree to abide by the above, please do not use this service. We reserve the right to change these terms at any time without prior notice. Your continued use of the NovaSound website and services following the posting of changes to these terms will constitute your acceptance of those changes.

2. Use License

Permission is granted to temporarily access NovaSound's website and services for personal, non-commercial transitory viewing only. This license does not include any resale or commercial use of the 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, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by NovaSound at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Product Information and Availability

We strive to provide accurate product descriptions and pricing information. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the website, in an advertisement, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary or to cancel the order and refund any amount charged.

All products are subject to availability. We reserve the right to discontinue any product at any time for any reason. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.

4. User Accounts and Security

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for any activities that occur under your account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You must notify us immediately of any breach of security or unauthorized use of your account.

5. Prohibited Uses

You may not use our products or services for any unlawful purpose or to solicit others to perform acts that are unlawful. You may not violate any local laws in your jurisdiction including but not limited to copyright laws. You may not use our service to conduct any activity that would be harmful to others or our operations.

Prohibited activities include but are not limited to: transmitting or uploading any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

6. Intellectual Property Rights

The service and its original content, features, and functionality are and will remain the exclusive property of NovaSound and its licensors. The service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of NovaSound or its content suppliers and is protected by international copyright laws.

7. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our service. By using our service, you agree to the collection and use of information in accordance with our Privacy Policy.

Please review our Privacy Policy, which also governs your use of the service, to understand our practices. Our Privacy Policy is incorporated into these Terms of Service by reference.

8. Warranty and Returns

NovaSound warrants its products against manufacturing defects for a period of one (1) year from the date of purchase. This warranty does not cover damage due to misuse, normal wear and tear, or accidents. To make a warranty claim, please contact our customer service team with your proof of purchase.

We offer a 30-day return policy for unopened products in their original packaging. Custom or personalized products may not be returned unless they are defective. Return shipping costs are the responsibility of the customer unless the return is due to our error.

9. Limitation of Liability

In no event shall NovaSound, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Governing Law

These Terms shall be interpreted and governed by the laws of Victoria, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising from these terms or your use of the service will be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration, and judgment may be entered on the arbitrator's award in any court having jurisdiction.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

12. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Address: 42 Collins Street, Melbourne, VIC 3000, Australia
  • Phone: +61 3 8657 2341
  • Email: [email protected]

We will make every effort to respond to your inquiry within 48 hours during business days. For urgent matters, please contact us by phone during our business hours: Monday - Friday: 9:00 AM - 6:00 PM (AEST).

Important Notice: These terms of service are effective as of January 1, 2025. By using NovaSound products and services, you acknowledge that you have read, understood, and agree to be bound by these terms.