Terms of service

OVERVIEW
Welcome to Westwater Foil Co. The terms "we", "us" and "our" refer to Westwater Foil Co. Westwater Foil Co 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"). Westwater Foil Co 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.

SECTION 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 territory 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.

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 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.
Colours on your screen may look slightly different from the printed box, depending on your device and settings.
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.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Westwater Foil Co reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Westwater Foil Co confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Westwater Foil Co 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 email, billing address, and/or phone number provided at the time the order was made.
Returns and exchanges are covered by our Refund Policy and your rights under the Australian Consumer Law.
You represent and warrant that your purchases are for your own personal, household or professional salon use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. This does not apply to a Foil Club subscription, where the price shown when you signed up applies as set out in section 30. 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. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
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 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.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. 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 control. Title and risk of loss pass to you when your order is delivered.

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 Westwater Foil Co, its affiliates or licensors and are protected by Australian and international patent, copyright 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 permitted by Section 6A (Complimentary download art). Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Westwater Foil Co, Shopify or any third party. Unauthorised use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Westwater Foil Co.
Westwater Foil Co's names, logos, product and service names, designs, and slogans are trademarks of Westwater Foil Co or its affiliates or licensors. You must not use such trademarks without the prior written permission of Westwater Foil Co. 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 6A - COMPLIMENTARY DOWNLOAD ART
6A.1 Ownership. The download art on our website, including our phone wallpapers, is original artwork created for Westwater Foil Co. We, or our licensors, own the copyright and all other rights in it.
6A.2 Your licence. When you download our download art, we give you a free, non-exclusive, non-transferable licence to use it as the wallpaper or background on the phones, tablets and computers you personally use, for personal, non-commercial purposes only.
6A.3 What you must not do. Unless we agree in writing, you must not:
(a) share, send, sell or give the files to anyone else;
(b) upload or post the files to any website, marketplace, social media or file-sharing service;
(c) print the art, or use it on any product, merchandise, packaging, logo, signage or salon material;
(d) alter, recolour, trace or make new work from the art, other than resizing or cropping it to fit your device;
(e) use the art, or allow it to be used, to train, prompt or create content with any artificial intelligence or machine learning tool;
(f) sell or mint the art as an NFT or other digital asset; or
(g) remove or hide any copyright notice.
6A.4 Sharing your screen. You are welcome to share a photo or screenshot of your own phone with our wallpaper on it, as long as you do not share the file itself.
6A.5 Ending the licence. This licence ends automatically if you breach this section. If it ends, you must stop using the art and delete the files.
6A.6 Your rights. Nothing in this section limits your rights under the Australian Consumer Law.

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 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.

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

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. 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 licence 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 licence 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: (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. 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.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, 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 libellous 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.

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).

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 international, federal, state or territory 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; (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 Westwater Foil Co, 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 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 authorisation 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 persons 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: (i) 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]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) 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.

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
Your rights under the Australian Consumer Law come first. 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.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded, restricted or modified.
Subject to that, the information on our website is general information. We work hard to keep it accurate and up to date, but we don't promise that the website will always be available, uninterrupted, secure or free of errors. Other than the guarantees above and anything we have expressly promised you, and only to the extent the law allows, we give no other warranties about the website.

SECTION 17 - LIMITATION OF LIABILITY
Nothing in this section excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded, restricted or modified.
Subject to that, and to the extent the law allows, Westwater Foil Co is not liable for any indirect or consequential loss, including lost profits, lost revenue or lost data, arising from your use of the website.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for fraud.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Westwater Foil Co, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

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

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 are governed by the laws of Queensland, Australia. You and Westwater Foil Co submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that can hear appeals from them. Nothing in this section stops you from relying on any consumer protection law that applies where you live.

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 hello@westwaterfoilco.com

SECTION 26 - LAUNCH OFFERS, OCTOBER 2026
These terms cover two launch offers run by Westwater Foil Co (ABN 17 872 033 412). Where they differ from the rest of these Terms, these launch offer terms apply.
Early access period: 9:00am AEST Sunday 11 October 2026 to 7:59am AEST Tuesday 13 October 2026.
Launch period: 9:00am AEST Tuesday 13 October 2026 to 8:59am AEST Thursday 15 October 2026.
Free gift with purchase: The first 10 orders placed during the early access period and the first 10 orders placed during the launch period each receive one free WF collectable trolley magnet, or two magnets on orders of $150 or more. Order position is set by the time the order is placed, as recorded by our store. Any order value qualifies. The magnets ship with the order and can't be exchanged for cash or another product.
Refund draws: One order placed during the early access period will be drawn at random at 9:00am AEST on Tuesday 13 October 2026, and one order placed during the launch period will be drawn at random at 9:00am AEST on Thursday 15 October 2026. Each drawn order is refunded in full, including shipping, to the original payment method. Every paid order that is not cancelled at the time of its draw is one entry in the draw for the period it was placed in, and orders placed outside those two periods are not entered. We will email each winner on the day of their draw at the email address on the order, and process the refund within 3 business days. Winners keep their order. Any Westwater Dollars W$ the order earned are kept too. If a drawn order has been cancelled or returned, we draw again from the remaining entries for that period.

SECTION 27 - MONTHLY REVIEW DRAW
These terms cover the monthly review draw run by Westwater Foil Co (ABN 17 872 033 412). Where they differ from the rest of these Terms, these review draw terms apply.
Start: the first draw covers reviews submitted from 9:00am AEST Tuesday 13 October 2026 to the last day of October 2026. After that, the draw runs every calendar month, from the 1st to the last day, until we end it, and we will give notice on this page before it ends.
Who can enter: anyone who has placed and paid for an order with us. Staff of Westwater Foil Co and their immediate families can't enter, and neither can orders supplied free, including trial and gifted stock.
How to enter: leave a review of a product from your order through our review request email or the review form on our website. Each order is one entry in the draw for the month the review is submitted, however many products you review.
Every rating counts: every review is entered, whatever the star rating and whatever it says. The rating and wording have no effect on your chance of winning, and we never remove a review because of its rating.
The draw: entries close at 11:59am AEST on the last day of each month, and one entry is drawn at random at 12:00pm AEST that day from all entries for the month.
The prize: the drawn order is refunded in full, including shipping, to the original payment method. There is no cap on the order value. The winner keeps their order, and the prize can't be exchanged or transferred. Any Westwater Dollars W$ the order earned are kept too.
Winners: we will email the winner on the day of the draw at the email address on the order, and process the refund within 3 business days. If the drawn order has been cancelled or returned, we draw again from the remaining entries for that month.

SECTION 28 - TEXT MESSAGES
These terms cover the texts you get from Westwater Foil Co (ABN 17 872 033 412) when you tick the text box on one of our sign-up forms.
What we'll send: launches, drops and restocks. Up to 4 texts a month, and most months fewer.
Who it's from: our texts show as Westwater. That name can't receive replies, so if you want to talk to us, email hello@westwaterfoilco.com.
Opting out: every text has a link to opt out. Tap it and we'll stop. You can also email hello@westwaterfoilco.com and ask. We never charge you to opt out and we won't ask you to log in.
Cost: we don't charge for our texts. Opening the opt-out link uses a little mobile data, at your provider's usual rate.
Your consent: ticking the box is never needed to join a waitlist or to buy. We keep a record of when you signed up, the form you used and the words you agreed to.
Your details: we handle your number under our Privacy Policy.

SECTION 29 - WESTWATER DOLLARS (W$)
Westwater Dollars W$ is Westwater store credit. W$1 is worth $1 AUD of store credit.
When you order through a Westwater Talent member's link, you earn W$ worth 5 per cent of that order, on the order total including GST, not counting shipping. It is added to your W$ Westwater Dollar credit account as soon as the order is paid.
To use your W$, sign in to your Westwater account at checkout (or pay with Shop Pay). Your full W$ balance is applied to the order; part balances can't be used.
W$ expires 12 months after the date it is added. It has no cash value: it can never be refunded, withdrawn or paid out as cash, and cannot be transferred or sold.
If an order is refunded, the W$ it earned is taken back off your account.
Westwater Talent members earn W$ under the Talent terms at westwaterfoilco.com.au/pages/talent-terms.

SECTION 30 - THE FOIL CLUB (SUBSCRIPTION)
30.1 What it is. The Foil Club is a subscription. You choose a pack (a Single Box, Stylist Pack or Salon Pack) and how often it is delivered: every month, every two months or every three months. Your subscription renews automatically on that schedule until you cancel.
30.2 What you pay. Each delivery is charged at the Foil Club subscriber price shown on the product page and at checkout when you sign up. The price of each delivery, how often you are charged and when your first renewal falls are shown to you before you agree. Shipping and any taxes are shown at checkout before you pay.
30.3 Your prints. Every delivery is an even mix of the prints we have in stock at the time, so you cannot choose individual prints. Members also get first access to new drops, with every new release added to their next order automatically.
30.4 Skip, pause, change or cancel. You can skip a delivery, pause, change how often it comes, or cancel at any time from your account on our website. Cancelling takes a few clicks and no phone call or email is needed. If you cancel, you will not be charged for any later delivery. A delivery that has already been charged or sent is covered by 30.6. Our Subscription policy sets this out as well.
30.5 Payment. We charge the payment method you gave us at sign-up each time a delivery is due. If a payment fails we will let you know so you can update your details.
30.6 Your rights. Nothing in this section limits your rights under the Australian Consumer Law, including the consumer guarantees. Refunds and returns are covered by our Refund Policy.
30.7 Changes. If we change the Foil Club price or terms, we will tell you before the change applies to your next delivery, and you can cancel before then.