TERMS OF SERVICE

OVERVIEW

Welcome to Choice Pickleball. The terms “we”, “us” and “our” refer to Choice Pickleball.

Choice Pickleball operates this website and online store, including all related information, content, features, tools, products and services offered through the website (the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced within them, describe your rights and responsibilities when accessing or using our Services.

By visiting, interacting with or using our website or purchasing from us, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not use our Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law or any other rights that cannot lawfully be excluded.

SECTION 1 – ACCESS AND ACCOUNTS

By using our Services, you represent that you are legally capable of entering into an agreement with us or that you have the permission of a parent or legal guardian where required.

When using our Services or placing an order, you may be asked to provide information including your name, email address, billing information, payment information and shipping address.

You agree that the information you provide is accurate, current and complete.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products, including their colours, dimensions, features and appearance.

However, colours and product appearance may vary slightly depending on your device, screen settings, lighting conditions and other factors outside our control.

Product descriptions, colours, specifications, availability and other product information may be updated from time to time.

We reserve the right to modify or discontinue products and to limit product quantities where reasonably necessary, including due to stock availability.

Nothing in this section limits your rights under the Australian Consumer Law.

SECTION 3 – ORDERS

When you place an order through our website, you are making an offer to purchase the products in your order.

An order is not considered accepted until we have accepted the order and payment has been successfully processed.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, an obvious pricing or listing error has occurred, payment cannot be processed or we reasonably suspect fraudulent or unauthorised activity.

If we cancel an order after payment has been taken, we will refund the relevant amount to your original payment method.

Please review your order carefully before submitting it. Once an order has entered processing or fulfilment, we may not be able to change or cancel it.

Returns, exchanges and refunds are handled in accordance with our Returns & Refunds Policy and your rights under Australian Consumer Law.

Products purchased through our standard consumer online store are intended for personal use unless otherwise agreed with Choice Pickleball. Businesses interested in purchasing products for resale should contact us regarding wholesale opportunities.

SECTION 4 – PRICING AND PAYMENT

All prices displayed on our Australian online store are in Australian dollars (AUD) unless otherwise stated.

Prices, discounts and promotions may change from time to time. The price applicable to your purchase will generally be the price displayed when you place your order, subject to correction of genuine errors where permitted by law.

Any applicable taxes will be displayed or included as required by Australian law.

Shipping charges, where applicable, will be displayed during checkout before you complete your purchase.

You agree to provide current, complete and accurate billing, payment and account information when placing an order.

You represent that you are authorised to use the payment method provided for your purchase.

Promotional offers, discount codes and other promotions may be subject to additional terms and conditions.

SECTION 5 – SHIPPING AND DELIVERY

Orders are shipped using the shipping methods available at checkout.

Shipping costs will be displayed at checkout before you complete your order.

Any delivery timeframes provided on our website or during checkout are estimates only. Actual delivery times may vary depending on destination, carrier operations, peak periods, weather, public holidays and other circumstances.

We are not responsible for delays that are outside our reasonable control. However, nothing in these Terms limits any rights you may have under Australian Consumer Law.

Customers are responsible for providing an accurate and complete delivery address when placing an order.

If you notice an error in your delivery information, please contact us as soon as possible. We cannot guarantee that delivery information can be changed once an order has been processed or dispatched.

Please contact us if your order arrives damaged, is incorrect or you experience an issue with your delivery so we can investigate and assist.

SECTION 6 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content available through our Services, including our branding, logos, product names, designs, graphics, photographs, videos, written content and website design, is owned by or licensed to Choice Pickleball and is protected by applicable intellectual property laws.

You may access and use our website for personal, non-commercial purposes.

You must not reproduce, distribute, modify, republish, sell, commercially exploit or otherwise use our content without our prior written permission, except where permitted by law.

Choice Pickleball names, logos, designs and branding must not be used in a way that suggests an association, sponsorship or endorsement without our permission.

Third-party trademarks and intellectual property appearing through the Services remain the property of their respective owners.

SECTION 7 – OPTIONAL AND THIRD-PARTY TOOLS

Our website may provide access to features, applications or tools supplied by third parties.

We may not control all aspects of these third-party services. Your use of third-party tools may also be subject to the relevant provider's own terms and policies.

You should review the applicable terms and privacy policies before using third-party services.

We may introduce additional features, tools or services in the future. Unless otherwise stated, these will form part of the Services and be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to websites, platforms or services operated by third parties.

These third-party websites are not necessarily controlled by Choice Pickleball, and we are not responsible for their content, availability, privacy practices or terms.

You should review the policies and terms of any third-party website before providing personal information or completing a transaction with them.

Nothing in this section limits any liability that cannot lawfully be excluded.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Choice Pickleball 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 Choice Pickleball. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Choice Pickleball, 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 Choice Pickleball.

SECTION 10 – PRIVACY

We respect your privacy.

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our online store is hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of our Services to provide its ecommerce services.

Information may also be provided to service providers where reasonably necessary to process payments, fulfil orders, deliver products, operate our website and provide other Services.

Please review our Privacy Policy for further information about how personal information is collected, used, stored and disclosed.

SECTION 11 – REVIEWS AND FEEDBACK

If you voluntarily submit a product review, photograph, feedback, suggestion or other content to Choice Pickleball, you confirm that you have the right to provide that content.

You grant Choice Pickleball a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content in connection with operating, improving and promoting our business and products, subject to applicable law.

This may include displaying genuine customer reviews on our website or marketing channels.

You must not submit content that is unlawful, misleading, defamatory, abusive, obscene or infringes another person's intellectual property, privacy or other rights.

You must not impersonate another person, submit a review that falsely represents your experience or deliberately provide misleading information.

Where a review was provided in connection with an incentive, gifted product, sponsorship or other commercial arrangement, any disclosure requirements under applicable law must be followed.

We reserve the right to moderate or remove content where reasonably necessary, including content that violates these Terms or applicable law.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or other information.

We reserve the right to correct errors and update information where reasonably necessary.

If an error materially affects an order you have already placed, we will contact you where appropriate and deal with the matter in accordance with applicable law.

Nothing in this section limits your rights under Australian Consumer Law.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our website or Services to:

• engage in unlawful, fraudulent or malicious activity
• infringe our intellectual property rights or those of another person
• harass, abuse, threaten or defame another person
• provide deliberately false or misleading information
• distribute viruses, malware or other harmful code
• interfere with the security or proper operation of our website
• attempt to gain unauthorised access to our systems or another person's account
• collect personal information about other users without lawful authority
• send spam or other unauthorised communications
• impersonate another person or organisation
• reproduce, scrape, copy or commercially exploit substantial parts of our website without permission, except where permitted by law
• use our Services in any way that violates applicable laws or regulations.

We reserve the right to restrict or terminate access to our Services where we reasonably believe these Terms have been breached.

SECTION 14 – AUTOMATED SYSTEMS

Automated systems, bots, agents, scraping tools or similar technologies must not access or interact with our Services in a way that interferes with the operation or security of our website, circumvents access restrictions or violates these Terms or applicable law.

We may use reasonable technical measures to protect our website and Services from abusive, unauthorised or harmful automated activity.

SECTION 15 – TERMINATION

You may stop using our Services at any time.

We may suspend or terminate access to all or part of our Services where reasonably necessary, including where these Terms have been materially breached, fraudulent activity is suspected or our website or other users may be at risk.

Any provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, liability, privacy and governing law.

SECTION 16 – CONSUMER GUARANTEES AND WARRANTIES

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law where it would be unlawful to do so.

To the extent permitted by law, information provided through our website is provided for general informational purposes and we do not guarantee that our website will always be uninterrupted, error-free or continuously available.

Any limitations or exclusions contained in these Terms apply only to the extent permitted by law.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Choice Pickleball will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services where such liability can lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies liability or rights that cannot legally be excluded, restricted or modified, including rights and remedies available under the Australian Consumer Law.

Where our liability can lawfully be limited, it will be limited only to the extent permitted by applicable law.

SECTION 18 – INDEMNITY

To the extent permitted by law, you agree to indemnify Choice Pickleball against reasonable losses, liabilities, damages and costs arising directly from your unlawful use of the Services, your material breach of these Terms or your infringement of the rights of another person.

This section does not require you to indemnify Choice Pickleball for losses caused by our own negligence, unlawful conduct or breach of applicable law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, this does not mean we have waived that right.

These Terms, together with our policies and any additional terms applicable to particular promotions or Services, constitute the agreement between you and Choice Pickleball concerning your use of the Services.

Nothing in this section excludes any representation, guarantee or right that cannot lawfully be excluded.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms to another person without our prior written consent.

We may transfer our rights or obligations where reasonably necessary in connection with the operation, restructuring or transfer of our business, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws applicable in Queensland, Australia.

You and Choice Pickleball submit to the jurisdiction of the courts of Queensland and any courts entitled to hear appeals from those courts.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

SECTION 23 – HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Services, website or legal obligations.

The most current version of these Terms will be available on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

Changes will not retrospectively remove rights that you already have in relation to purchases made before the changes took effect.

SECTION 25 – CONTACT INFORMATION

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

Choice Pickleball
Email: choicepickleballau@gmail.com
Queensland, Australia

Last updated: 4 September 2026