Terms of Service

Last updated: 14 March 2026

1. OVERVIEW

Welcome to the FLYTEES APPAREL online store! The terms “we”, “us” and “our” refer to FLYTEES APPAREL PTY LTD (“FLYTEES APPAREL”). FLYTEES APPAREL operates this store and website (collectively the "Website"), including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Purchase Services”). The Website is powered by Shopify, which enables us to provide the Purchase Services to you. The Website provides you with an opportunity to browse and purchase products that have been listed for sale through the Website (the "Products"), and itself includes various content including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof (the "Content").

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 Purchase Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. These Terms are governed by Australian law.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, and you are entitled to the protections and remedies provided by law for any failure to comply with these guarantees.

By accessing our Website, such as through visiting, interacting with or using our Purchase Services, you agree to comply and be bound by these Terms of Service in addition to our Privacy Policy, Shipping Policy, and Return and Refund Policy. By placing an order through our Website, including clicking any "Pay Now," "Place Order," or similar button, you acknowledge that you have read, understood, and agree to be bound by these collective policies. If you do not agree with these collective policies, you must not use or access our Purchase Services.

You can review the most current version of the Terms of Service at any time on this page. We may update, change, or replace these Terms of Service from time to time. When we do, we will post the updated Terms on our website and revise the "Last updated" date at the top of this page. Any changes will only apply to purchases made after the effective date of the changes. Your purchases will continue to be governed by the Terms of Service that were in effect at the time you placed your order. We encourage you to review these Terms periodically to stay informed of any updates. Your continued use of or access to the Purchase Services following the posting of any changes to these Terms constitutes acceptance of those changes.

2. INTERPRETATION

In these Terms of Service: (i) the words "include", "includes" and "including" are not words of limitation and where used are deemed to be followed by the words "without limitation"; (ii) words in the singular include the plural and vice versa; and (iii) headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

3. ACCESS AND CUSTOMER ACCOUNT

By agreeing to these Terms of Service, you represent that you: (i) are at least the age of majority in your state, territory or country of residence; (ii) have given us your consent to allow any of your minor dependents to use the Purchase Services on devices you own, purchase or manage; and (iii) are purchasing for delivery to an address within Australia and are not a person barred from receiving the Purchase Services under the laws of Australia.

To use the Purchase Services, including accessing or browsing our online store or purchasing any of the products 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 through our Website is correct, current and complete and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your customer account credentials and for activity that occurs under your account. You must notify us immediately of any unauthorized use. You may not transfer, sell, assign, or license your customer account to any other person.

You may close your customer account at any time by contacting us at support@flytees.store. Upon account closure, we will handle your personal information in accordance with our Privacy Policy.

4. OUR PRODUCTS

We have made every reasonable effort to provide an accurate representation of our Products and the Purchase Services on our Website. However, please note that colours 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.

Notwithstanding any remedies we may expressly offer you, or which cannot be excluded under law, to the extent permissible by law, 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 beyond the consumer guarantees provided under the Australian Consumer Law.

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.

5. ORDERS

Nothing in this section affects your rights under the Australian Consumer Law. Once a contract is formed, you are entitled to the consumer guarantees provided by law.

When you place an order through our Website, you are making an offer to purchase. Your order is not accepted, and no contract is formed, until we process your order for production. The order confirmation email you receive does not constitute acceptance of your order.

Payment authorization occurs when you place your order, but the contract is only formed when we approve and process your order for production, which typically occurs on the same or following business day after we receive your payment. We reserve the right to accept or decline your order before processing for any legitimate reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity. If we decline your order, we will notify you promptly and provide a full refund of any amounts paid.

Once your order has been processed and accepted, your purchases are subject to refund, return or exchange in accordance with our Return and Refund Policy and your rights under the Australian Consumer Law.

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

6. PRICES AND BILLING

In using the Purchase Services to purchase products from FLYTEES APPAREL, you agree to the payment of the purchase price listed for the Products ("Purchase Price"). Prices, discounts and promotions are subject to change without notice. The price charged for the Products will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, where applicable, purchase prices do not include taxes, shipping, handling, customs or import charges.

All prices displayed on our Website are in Australian dollars (AUD) and include Goods and Services Tax (GST) where applicable. The final price you pay will be the price displayed at checkout, inclusive of GST. Tax invoices will be provided for all purchases and will show the GST component separately as required by Australian tax law.

Payment of the Purchase Price may be made through third-party payment gateway providers. While we use third-party payment processors, we remain responsible for the transaction and your consumer rights under the Australian Consumer Law. In using the Purchase Services, you understand that you should familiarise yourself with the applicable terms and conditions, privacy policy, and other relevant legal documentation associated with these payment gateway providers.

Prices posted on our Website 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 Purchase 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 customer account information for all purchases made at our stores. You agree to promptly update your customer account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

You represent and warrant that :(i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorised to use such credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

7. SHIPPING AND DELIVERY

Nothing in this section affects your rights under the Australian Consumer Law, including your right to receive goods within a reasonable time or any agreed timeframe.

The shipping and delivery of your purchases are subject to our Shipping Policy, which can be viewed here. Our Shipping Policy sets out delivery timeframes, shipping costs, and our approach to handling delivery delays.

Once products are dispatched for delivery to you, risk of loss or damage during transit passes to you. However, this does not affect your rights under the Australian Consumer Law, including consumer guarantees that continue to apply to the products after delivery.

8. RETURNS

9. INTELLECTUAL PROPERTY

Our Purchase Services, including but not limited to the Content, are owned by FLYTEES APPAREL, its affiliates or licensors and may be protected by Australian and foreign copyright and other intellectual property laws.

These Terms permit you to use the Purchase Services for your personal, non-commercial use only. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Purchase 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 patent, trademark, copyright, or other intellectual property of FLYTEES APPAREL, Shopify or any other third party. Unauthorized use of the Purchase Services may be a violation of Australian and international intellectual property laws. All rights not expressly granted herein are reserved by FLYTEES APPAREL.

FLYTEES APPAREL’s names, logos, product and service names, designs, and slogans are owned by FLYTEES APPAREL or its affiliates or licensors. You must not use these assets without the prior written permission of FLYTEES APPAREL. 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 Purchase Services are the trademarks of their respective owners.

10. OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Purchase Services, which we may neither monitor nor have any control nor input into.

To the extent permitted by law, we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind beyond those required under the Australian Consumer Law, and without any endorsement. To the extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools beyond that required under the Australian Consumer Law.

Any use by you of the optional tools offered through the site is 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). However, nothing in this section limits your rights under the Australian Consumer Law if we are found to be responsible for the supply of such tools.

We may also, in the future, offer new features through the Purchase Services (including the release of new tools and resources). Such new features shall also be deemed part of the Purchase Services and are subject to these Terms of Service.

11. THIRD-PARTY LINKS

The Purchase 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 Purchase Services to access these materials or third party sites, you do so at your own risk.

To the extent permitted by law, 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. 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.

12. RELATIONSHIP WITH SHOPIFY

FLYTEES APPAREL is powered by Shopify, which enables us to provide the Purchase Services to you. However, any sales and purchases you make on our Website are made directly with FLYTEES APPAREL. By using the Purchase Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and FLYTEES APPAREL, 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 FLYTEES APPAREL.

13. PRIVACY POLICY

FLYTEES APPAREL PTY LTD takes your privacy seriously and any information (including personal information) provided through your use of the Website and/or the Purchase Services are subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Purchase Services, you acknowledge that you have read these privacy policies.

Because the Purchase 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 Purchase Services for you. Information you submit to the Purchase 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.

14. FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, testimonials, proposals, plans, designs, comments, questions, or other content to us through any means (collectively, "Feedback"), the following terms apply. Feedback is treated differently depending on how and why it is submitted.

If you submit product reviews, ratings, testimonials, or other feedback intended for public display on our website, social media, or marketing materials, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to display, reproduce, modify, publish, and distribute such Feedback in any medium in connection with our business. We may edit such Feedback for length or clarity but will not alter its substantive meaning. You consent to us displaying your first name or handle alongside your Feedback.

You consent to us, and waive any moral rights you may have in relation to: (i) using your Feedback without attribution of authorship, or with attribution only to your username or first name; (ii) editing, modifying, cropping, or adapting your Feedback for length, clarity, formatting, or to fit our website design, provided we do not materially alter the substantive meaning; and (iii) using your Feedback in our marketing materials, social media, and promotional content in the manner described in these Terms. This consent is given in accordance with section 195AWA of the Copyright Act 1968 (Cth).

Communications sent to us regarding customer service matters, including complaints, inquiries, warranty claims, and private feedback, will be treated as confidential and used only internally to improve our products and services, respond to your inquiry, and fulfil our obligations under these Terms and applicable law.

Any ideas, suggestions, or requests for product designs, features, improvements, or other business proposals you provide are submitted on a non-confidential, voluntary basis. You acknowledge and agree that: (i) we are under no obligation to review, implement, acknowledge, or respond to any such suggestions; (ii) we may already be developing or considering similar ideas independently; (iii) you are not entitled to any compensation, credit, attribution, or payment if we implement any suggestion, whether in whole or in part, or develop similar products or features; (iv) by providing a suggestion, you irrevocably waive any claims for compensation, attribution, or any other rights related to our use, implementation, or commercialisation of the suggestion or similar ideas; and (v) we may use, implement, modify, commercialise, or sublicense any suggestion without any obligation to you. This applies to all suggestions, whether made publicly (such as on social media or product reviews) or privately (such as via email, customer service, or direct communication).

You represent and warrant that any Feedback you provide: (i) is owned by you or you have all necessary rights to submit it; (ii) does not infringe any third-party intellectual property rights, privacy rights, or other rights; (iii) is not defamatory, threatening, offensive, or unlawful; and (iv) does not contain viruses, malware, or other harmful code.

You must not impersonate others, submit multiple reviews under different identities, or misrepresent your relationship with our products when providing Feedback. You are solely responsible for any Feedback you submit. We take no responsibility for Feedback posted by you or third parties.

We reserve the right, but have no obligation, to monitor, edit, or remove any Feedback at our sole discretion, including Feedback that violates these Terms or that we deem inappropriate. We are under no obligation to maintain your Feedback in confidence (except for customer service communications as described above), to pay compensation for your Feedback, or to respond to your Feedback.

You retain ownership of the copyright in the specific original expression of your Feedback. However, by submitting Feedback, you grant us the licenses described above. We retain all ownership rights in our products, services, designs, trademarks, and business operations, including any developments that may be similar to or derived from Feedback you have provided.

15. ERRORS, INACCURACIES AND OMISSIONS

Nothing in this section affects your rights under the Australian Consumer Law, including your right to remedies for misleading conduct or failure to supply goods as agreed.

Occasionally there may be information on or in the Purchase Services that contains 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 before we process your order for production. If we discover an error after you have placed your order but before we have processed it for production, we will notify you promptly and give you the option to proceed with the corrected information or cancel your order for a full refund.

If we discover a genuine and material error after we have processed your order for production, such as an obvious pricing mistake, we will notify you as soon as reasonably practicable and cancel your order. You will receive a full refund of any amounts paid, and we will process this refund promptly. You may then choose to place a new order at the correct price or specification if you wish to proceed.

16. PROHIBITED USES

You may access and use the Purchase Services for lawful purposes only. You may not access or use the Purchase Services, directly or indirectly: (i) for any unlawful or malicious purpose; (ii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (v) to transmit false or misleading information; (vi) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (vii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (viii) to impersonate or attempt to impersonate any other person or entity; or (ix) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Purchase Services, or which, as determined by us, may harm FLYTEES APPAREL, Shopify or users of the Purchase Services, or expose them to liability.

In addition, you agree not to: (i) 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 Purchase Services; (ii) reproduce, duplicate, copy, sell, resell or exploit any portion of the Purchase Services; (iii) collect or track the personal information of others; (iv) spam, phish, pharm, pretext, spider, crawl, or scrape; or (v) interfere with or circumvent the security features of the Purchase Services or any related website, other websites, or the Internet.

We reserve the right to cease providing you with the Purchase Services and/or suspend, disable, or terminate your customer account at any time, without notice, if we reasonably determine that you have violated any part of these Terms. If we terminate your access to the Purchase Services and/or your customer account, this does not affect any orders that have already been processed and accepted, or your rights under the Australian Consumer Law including your right to refunds for amounts paid where goods or services have not been supplied.

17. GENERAL DISCLAIMER

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Subject to the consumer guarantees under the Australian Consumer Law and any express guarantees we provide in these Terms or our associated policies (such as our Return and Refund Policy), FLYTEES APPAREL does not make any additional implied terms, guarantees, warranties, representations or conditions regarding the Products.

TO THE EXTENT PERMITTED BY LAW, EVERYTHING ON THE WEBSITE, THE PURCHASE SERVICES, AND THE PRODUCTS OF FLYTEES APPAREL, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS BEYOND THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND ANY EXPRESS GUARANTEES WE PROVIDE. TO THE EXTENT PERMITTED BY LAW, NONE OF THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OF FLYTEES APPAREL MAKE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS CONTENT, OR ANY PRODUCTS OR SERVICES (INCLUDING THE CONTENT, PRODUCTS OR PURCHASE SERVICES OF FLYTEES APPAREL) REFERRED TO ON THE WEBSITE BEYOND THOSE REQUIRED UNDER THE AUSTRALIAN CONSUMER LAW OR EXPRESSLY PROVIDED BY US.

TO THE EXTENT PERMITTED BY LAW, FLYTEES APPAREL IS NOT LIABLE FOR LOSS OR DAMAGE YOU MIGHT SUFFER BEYOND THAT REQUIRED UNDER THE AUSTRALIAN CONSUMER LAW OR ANY EXPRESS GUARANTEES WE PROVIDE AS A RESULT OF ANY OF THE FOLLOWING: (I) THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE TO CORRECT DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, LOSS OF DATA, COMMUNICATION LINE FAILURE, UNLAWFUL THIRD PARTY CONDUCT, OR THEFT, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO RECORDS; (II) THE ACCURACY, SUITABILITY OR CURRENCY OF ANY INFORMATION ON THE WEBSITE, THE PURCHASE SERVICES, OR ANY OF ITS CONTENT RELATED PRODUCTS (INCLUDING THIRD PARTY MATERIAL AND ADVERTISEMENTS ON THE WEBSITE); (III) COSTS INCURRED AS A RESULT OF YOU USING THE WEBSITE, THE PURCHASE SERVICES OR ANY OF THE PRODUCTS; (IV) THE CONTENT OR OPERATION IN RESPECT TO LINKS WHICH ARE PROVIDED FOR YOUR CONVENIENCE; (V) ANY FAILURE TO COMPLETE A TRANSACTION, OR ANY LOSS ARISING FROM E-COMMERCE TRANSACTED ON THE WEBSITE; OR (VI) ANY DEFAMATORY, THREATENING, OFFENSIVE OR UNLAWFUL CONDUCT OF THIRD PARTIES OR PUBLICATION OF ANY MATERIALS RELATING TO OR CONSTITUTING SUCH CONDUCT.

THE WEBSITE, THE CONTENT, AND THE PRODUCTS SOLD ARE INTENDED FOR PERSONAL ENJOYMENT AND ENTERTAINMENT PURPOSES ONLY. ANY INFORMATION PROVIDED IN ASSOCIATION WITH THE WEBSITE, THE CONTENT AND THE PRODUCTS SOLD (SUCH AS THEIR DESIGN) DOES NOT CONSTITUTE AVIATION, FINANCIAL, LEGAL, MEDICAL, OR ANY OTHER KIND OF PROFESSIONAL ADVICE, AND SHOULD NOT BE CONSTRUED AS SUCH. WHILE OUR PRODUCTS ARE INTENDED TO BE WORN AND ENJOYED, ANY DESIGNS, IMAGERY, TEXT, OR THEMES FEATURED ON THEM SHOULD NOT BE INTERPRETED AS ENDORSING, RECOMMENDING, OR ENCOURAGING PARTICIPATION IN ANY BEHAVIOUR, ACTIVITY, LIFESTYLE, OR CONDUCT DEPICTED OR REFERENCED BY SUCH DESIGNS.

18. DISCLAIMER OF WARRANTIES

Under the Australian Consumer Law, our goods come with guarantees that cannot be excluded, including guarantees of acceptable quality, fitness for purpose, and correspondence with description. You have rights to a remedy if these guarantees are not met.

The information presented on or through the Purchase Services is made available solely for general information purposes. To the extent permitted by law, we do not warrant the accuracy, completeness, or usefulness of this information beyond what is required under the Australian Consumer Law. Any reliance you place on such information is strictly at your own risk. To the extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Purchase Services, or by anyone who may be informed of any of its contents, beyond that required under the Australian Consumer Law.

SUBJECT TO THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND ANY EXPRESS GUARANTEES WE PROVIDE, THE PURCHASE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE PURCHASE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY ADDITIONAL REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE PURCHASE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BEYOND THE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW.

19. LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement. This includes your rights to a remedy for major and minor failures of consumer guarantees.

To the extent permitted by law, you expressly understand and agree that FLYTEES APPAREL, its affiliates, employees, agents, contributors, third-party content providers and licensors will not be liable for any expenses, losses, damages (including indirect and consequential damages) or costs beyond those required under the Australian Consumer Law which may be incurred as a result of the information presented across the Website, the Content, and the Products being inaccurate or incomplete in any way and for any reason and under any theory of liability.

Subject to our obligations under the Australian Consumer Law and any express guarantees we provide, FLYTEES APPAREL's total liability arising out of or in connection with the Purchase Services or these Terms for matters not covered by consumer guarantees, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or, at our option, the resupply of goods or services to you, or where you have not paid the Purchase Price, the resupply of information to you.

To the extent permitted by law, FLYTEES APPAREL is not responsible or liable in any manner for any site content (including the Content and third-party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the Website, by third parties or by your decision to make use of the Purchase Services, beyond that required under the Australian Consumer Law.

EXCEPT TO THE EXTENT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), IN NO CASE SHALL FLYTEES APPAREL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE PURCHASE SERVICES OR ANY PRODUCTS PROCURED USING THE PURCHASE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PURCHASE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PURCHASE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PURCHASE SERVICES.

20. ENDORSEMENT AND AFFILIATION

No part of the Website should be interpreted as an endorsement of specific behaviours regarding aviation or its safety. Any Content provided alongside or features of the Products are also not intended as flight instruction or a substitute for professional aviation training.

Any public domain information featured on the Website, Content or Products, covering various categories like text, data, images and codes, including but not limited to ICAO codes (e.g. YSBK), do not imply any affiliation between FLYTEES APPAREL and associated entities (e.g. an airport operator), unless expressly stated.

21. RISK ACKNOWLEDGEMENT

You understand that while the Products are aviation-themed and designed for aviation enthusiasts, they are ordinary apparel and/or merchandise and do not carry any aviation-specific certifications, approvals, or designations. The Products are not safety equipment and their use does not come with any recommendation for aviation activities or any guarantees whatsoever associated with their use in an aviation context to the fullest extent permissible by law. Any use of the Products in an aviation context is at your sole risk and discretion.

Nothing in this section affects your rights under the Australian Consumer Law regarding the quality, safety, and fitness for purpose of the Products as ordinary consumer goods.

22. LIMITATION OF REPRESENTATION

FLYTEES APPAREL is not a flight training organisation. For any flight instruction, aviation safety concerns, or related matters, we encourage you to consult with certified aviation professionals or relevant local regulatory bodies.

23. INDEMNIFICATION

To the extent permitted by law (including the Australian Consumer Law), you agree to indemnify FLYTEES APPAREL and Shopify against reasonable third-party claims, losses, and liabilities arising from content or Feedback you submit to our Website that infringes third-party intellectual property rights, privacy rights, or is defamatory, other than to the extent we or a third party contributed to or caused the loss.

24. TERMINATION

The Terms will continue to apply until terminated by either you or by FLYTEES APPAREL by each party notifying the other in writing and you are expected to no longer make use of the Website and/or the Purchase Services thereafter.

We reserve the right to terminate this agreement or your access to the Purchase Services (or any part thereof) in our sole discretion at any time without notice. If we terminate your access to the Purchase Services, this does not affect any orders that have already been processed and accepted, or your rights under the Australian Consumer Law including your right to refunds for amounts paid where goods or services have not been supplied.

In any event of termination, 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, Privacy Policy, Feedback, General Disclaimer, Disclaimer of Warranties, Limitation of Liability, Endorsement and Affiliation, Risk Acknowledgement, Limitation of Representation, Indemnification, Termination, Severability, Survival, Waiver, Entire Agreement, Assignment, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

25. 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.

26. SURVIVAL

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and FLYTEES APPAREL have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

27. WAIVER

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 at any time, past, present or future.

28. ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Purchase Services constitutes the entire agreement and understanding between you and us and governs your use of the Purchase Services, 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).

29. 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 including our rights and obligations without consent or notice to you.

30. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Purchase Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where FLYTEES APPAREL is incorporated. You and FLYTEES APPAREL consent to venue and personal jurisdiction in such courts.

31. DISPUTE RESOLUTION

Your satisfaction is our priority, and we encourage customers to contact us directly at support@flytees.store to resolve any concerns before pursuing formal legal action if a dispute arises out of or relates to the Terms. However, nothing in these Terms limits your right to access courts, tribunals, or consumer protection agencies.

32. CONTACT INFORMATION

Questions about these Terms of Service should be directed via email to legal@flytees.store. Alternatively, our postal contact information may be used below:

FLYTEES APPAREL PTY LTD (ACN 691844050)
81-83 Campbell Street
Surry Hills NSW 2010
Australia