Terms & conditions

Thanks for using our products and services, and taking the time to read our terms and conditions.

Thanks for using our products and services, and taking the time to read our terms and conditions. This website located at www.nadu.co and www.nosebar.co (Websites) is owned and operated by Sinaclear IP Pty Ltd ABN 30 604 215 723 trading as ‘Nadu’ and ‘Nose Bar by Nadu’ (Nadu, we, us or our).

By using this Website or ordering our products or services, you agree to the following terms and conditions (Terms), which, together with our privacy policy, govern your access to and use of the Website.

We reserve the right to amend these Terms from time to time.

GENERAL TERMS

1. Introduction

  • Nadu and the Nose Bar by Nadu are online platform that seeks to discuss and provide a supportive community and marketplace for nasal health, breathing & wellness. We do this by:

2. Jurisdiction

These Terms are governed by the laws of Queensland, Australia.

3. Contact

If you have any queries regarding these Terms, please contact us at hello@nadu.co.

WEBSITE TERMS OF USE

4. User account‍

  • To make orders through the Website, you must become a registered customer. Each customer is allowed to create a maximum of one registered customer account (Account).
  • Registered account holders must:

(a) be over 18 years of age;

(b) reside in Australia;

(c) be capable of entering a legally binding agreement with Nadu; and

(d) agree to these Terms.

  • Registered account holders are required to create an Account password and keep it secure. If you suspect your Account has been subject to unauthorised access, you must immediately notify Nadu and change your password. This is important so that your personal information remains secure.
  • When you register for an Account, you will provide Nadu with personal information about you (for example, your name, age, date of birth, gender and contact details). We will handle your personal information in accordance with our privacy policy.
  • You must ensure that all information you provide to Nadu is accurate, current and complete, and that you do not omit any information that a reasonable person would consider relevant to the products or services you seek through the Website.

5. Closing your Account

  • If at any time you wish to close your Account, you should email hello@nadu.co.
  • If at any time you wish to unsubscribe from Nadu information alerts, please click the ‘unsubscribe’ button at the bottom of any Nadu email.

6. Survey

  • To help us recommend particular products to you, you may complete an optional survey about your sexual preferences through the Website (Survey).
  • If you complete the Survey, you will provide Nadu with personal information and sensitive information about you (for example, your sexual orientation or practices). We will handle your personal information and sensitive information in accordance with our privacy policy.
  • At any time, you may order our products or services without completing the Survey.

7. Intellectual property

  • All material on the Website, including the text, information, graphics, trading names, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Nadu. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content for any purpose, other than with the prior written consent of Nadu, or as permitted by law. All rights of Nadu are reserved.
  • ‘Nadu,’ ‘Nose Bar by Nadu’, ‘Love ya nose’ and the Nadu and the Nose Bar logo are trade marks of Nadu.
  • Trade marks used on the Website to describe third parties and their products are trade marks of those third parties.

8. Linking and Third Party Content‍

  • You must not link to, frame or mirror any part of the Website without Nadu’s written authorisation. To discuss partnership opportunities please contact us at hello@nadu.co.
  • The Website may contain links to or display the content of third parties (Third Party Content), including links to Websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Nadu. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

9. Your conduct

  • You must not:

(a) use the Website in breach of any applicable laws or regulations;

(b) use the Website for commercial purposes (including for competitive advantage or to the competitive disadvantage of Nadu);

(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(d) interfere with, disrupt, or create an undue burden on the Website;

(e) upload, post, transmit or otherwise make available any material that:

(i) is not your original work, or which may infringe the intellectual property or other rights of another person;

(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, fertility status, age, sexual orientation or any physical or mental disability;

(iii) includes an image or personal information of another person unless you have their consent;

(iv)  you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;

(v) contains large amounts of untargeted, unwanted or repetitive content; or

(vi) contains financial, legal or other professional advice.

  • Without limiting the above, you will not and will not permit a third party to:

(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;

(b) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or

(c) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.

If you believe that a user has breached any of the above conditions, please contact us.

  • Nadu reserves the right to block or suspend any user of its Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. You agree to indemnify Nadu and each of the officers, employees, agents, contractors, suppliers and licensors (collectively, Affiliates) of Nadu in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms, or any other default or wrongful conduct in relation to the subject matter of these Terms, on the part of you or any of your Affiliates.
  • Nadu is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Nadu. Nadu does not endorse any opinion, advice or statement made by any person other than Nadu.

10. Your content

  • Information and material that you submit to the Website, including (without limitation) text, images, audio material, video material and audio-visual material, is referred to in these Terms as ‘your content.’
  • You grant to us a worldwide, irrevocable, non-exclusive, royalty free licence to use, reproduce, adapt, publish, translate and distribute your content uploaded to the Website in any existing or future media, and you unconditionally waive all moral rights as defined by the Copyright Act 1968. You also grant us the right to sublicense these rights and the right to bring an action for infringement of these rights.
  • However, any personal information uploaded by you to the Website for the purpose of seeking our products or services will be treated as confidential information between you and Nadu. Your personal information will not be published on the Website or made available publicly. For the avoidance of doubt, Nadu will not use, reproduce, edit or exploit your personal or sensitive information.
  • You guarantee and represent that your content will comply with these Terms.
  • You must not submit any content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
  • We will store and maintain all material and records as required by law.
  • Notwithstanding our rights under these Terms in relation to your content, we do not undertake to monitor the submission of content uploaded to the Website, or the publication of such content on our Website. This clause is intended to disclaim editorial responsibility for content.

11. Cookies

  • A cookie is a small text file stored in your computer’s memory or on your hard disk for a predefined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors experience the Website. This information will help to better adapt the Website to suit customer requirements.
  • We may use third party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website. We may also use analytics data supplied by these vendors to inform and optimise our advertising campaigns based on your prior visits to our Website or the websites belonging to members of our group.
  • While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

12. Liability‍

  • To the extent permitted by law, Nadu is not liable for any loss or damage, howsoever caused, which may result from your use of or failure to access the Website, the content contained on the Website or due to the fact that Website content is wrong, incomplete or out of date.

13. Warranty and disclaimer

  • By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
  • To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with the Website and its use are hereby excluded. By accessing our Website, you agree to indemnify Nadu and each of its Affiliates for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to the Website.
  • Nadu makes no guarantee that the products and services provided through the Website are fit for your intended purpose. All products and services provided through the Website are provided on an ‘as is’ basis without warranty of any kind, express or implied.

TERMS OF SALE

14. Availability of products

  • You agree that:

(a) certain products or services may be available exclusively online through the Website;

(b) these products or services may have limited quantities;

(c) we will try to include a statement on the Website if we are aware that a particular product is out of stock, but we are under no obligation to do so;

(d) we reserve the right to:

(i) limit the quantity of any product that we offer;

(ii) change the description or price of any product;

(iii) modify or discontinue any product; or

(iv) notify you that a product you ordered is unavailable; and

(e) although we do our best to display as accurately as possible the colours and images of our products, we cannot guarantee that your computer monitor’s display of any colour will be accurate.

  • If you order a product from the Website and we later notify you that the product is unavailable:

(a) we will not charge you for the product that we have not supplied to you;

(b) we will contact you to discuss whether we can supply a substitute product to you; and

(c) except as required by law, we will not be liable to you for any resulting loss.

15. Order process

  • In placing an order, you must provide contact, shipping and payment information that is accurate, current and complete.
  • To the extent permitted by law, we reserve the right to:

(a) accept or reject your order for any reason, including (without limitation) unavailability of the product, an error in the product description or price, or an error in your order; and

(b) limit or reject orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  • If we change or cancel an order, we may try to notify you using the email, address or phone number you provided at the time you placed the order.
  • Once an order is confirmed, you can’t cancel it, so make sure you review your order carefully before placing it. That said, after you order a product, you can use our 100-day money back guarantee under clause 18.

16. Title and risk

  • After you order a product:

(a) we retain ownership of the product until we receive payment in full for it; and

(b) title and risk in the product pass to you upon delivery of the product to you.

17. Promo codes

  • From time to time, Nadu may offer promo codes that apply to any purchases, or certain specified purchases, made through the Website.
  • You may use only one promo code or discount per order.
  • Each promo code is subject to these Terms, and any additional terms and conditions specified at the time the promo code is issued.

18. Money back guarantee

  • If you are not satisfied with one of our products, let us know at hello@nadu.co (and send us a proof of purchase) within 100 days of the original purchase date, and we will:

(a) send you a prepaid parcel satchel for returning the product to us; and

(b) within 5 business days after receiving the product back from you, refund the full amount that you paid for the product, using payment method from your original order or if you so choose, provide you with the store credit for the same amount.

19. Warranty

  • If:

(a) you find a functional fault in one of our products (for example, the product is broken, not vibrating correctly or not charging correctly); and

(b) within one year of the original purchase date, you email us at hello@nadu.co and include:

(i) a request to use the product warranty;

(ii) details of your original order;

(iii) a photo of the product;

(iv) a description of the functional fault;

(v) a receipt or proof of purchase; and

(vi) your preference of a refund or replacement of the product,

then we will:

(c) assess your warranty request; and

(d) if we agree that you are eligible to use the product warranty:

(i) send you a prepaid parcel satchel for returning the product to us; and

(ii) within 5 business days after receiving the product back from you, based on the preference you expressed under clause 22.1(b)(vi), either send you a replacement product, or refund the full amount that you paid for the product, using the payment method from your original order.

  • Nadu may reject a warranty request where:

(a) the request is sent to hello@nadu.co more than one year after the original purchase date;

(b) you do not provide a receipt or proof of purchase;

(c) the product you purchased does not have a functional fault (for example, you will not be eligible to use the product warranty for cosmetic damage or general wear and tear);

(d) the product has been damaged through misuse, accident or neglect; or

(e) the product has been modified or repaired by anyone other than Nadu.