Terms of Service

Last updated: September 10, 2026

OVERVIEW

This website is operated by Numb My Thumb®. Throughout the site, the terms “we”, “us” and “our” refer to Numb My Thumb®. Numb My Thumb® offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”, “Terms of Service”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the Site, including without limitation users who are browsers, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you should not access the website or use our Services.

Any new features or tools that are added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store may be hosted and supported by third-party ecommerce service providers, including Shopify, which provide the platform and technology that allow us to sell our products and Services to you.

SECTION 1: ONLINE STORE TERMS

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, or that you are the age of majority in your state or territory of residence and have given us your consent to allow any minor dependants under your care to use this Site.

You may not use our products or Services for any illegal or unauthorised purpose or, in the use of the Service, violate any applicable laws or regulations.

You must not transmit any worms, viruses, malware or any other code of a destructive or harmful nature.

A breach or violation of any of these Terms may result in termination or restriction of your access to our Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any lawful reason and at any time.

You understand that information and content submitted through the Site, other than payment information protected through appropriate security measures, may be transferred across networks and may involve changes necessary to conform to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current.

The material on this Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting appropriate and more complete sources of information where necessary.

Any reliance on the material on this Site is at your own risk.

This Site may contain historical information. Historical information is not current and is provided for reference only.

We reserve the right to modify the contents of this Site at any time, but we have no obligation to update information on our Site unless required by applicable law.

You agree that it is your responsibility to monitor changes to our Site.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, except where notice is required by applicable law.

We reserve the right at any time to modify, suspend or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent required by law.

SECTION 5: PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website.

These products or Services may have limited quantities and may only be returned or exchanged in accordance with our applicable Refund and Returns Policy and Australian Consumer Law.

We have made every effort to display as accurately as possible the colours, images and descriptions of our products that appear on the Site. We cannot guarantee that your device or computer monitor will accurately display every colour.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, subject to applicable law.

We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of products or Services that we offer.

All product descriptions, pricing and availability are subject to change at any time without notice.

We reserve the right to discontinue any product at any time.

Any offer for a product or Service made on this Site is void where prohibited by law.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us, subject to applicable law.

We may, in our reasonable discretion, limit or cancel quantities purchased per person, household or order.

These restrictions may include orders placed using the same customer account, payment method, billing address or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed.

We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors where reasonably necessary to protect our business and customers.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you when necessary.

For more information regarding returns, refunds and exchanges, please refer to our applicable Refund and Returns Policy.

SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we do not monitor or have control.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without warranties, representations or conditions of any kind, except where required by law.

We shall not be liable for any loss arising from or relating to your use of optional third-party tools to the extent permitted by law.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion.

You should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may also introduce new Services and/or features through the website in the future. Any new features or Services will also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

Certain content, products and Services available through our Service may include materials from third parties.

Third-party links on this Site may direct you to websites that are not affiliated with or controlled by us.

We are not responsible for examining or evaluating the content, accuracy, security or reliability of third-party materials or websites.

To the maximum extent permitted by law, we do not accept responsibility for third-party materials, websites, products or Services.

We are not responsible for any loss or damage arising from transactions made through third-party websites, except where liability cannot lawfully be excluded.

Please review the third party’s policies and practices carefully before engaging in any transaction.

Complaints, claims or questions regarding third-party products or Services should be directed to the relevant third party.

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain submissions, such as product reviews, testimonials, contest entries, creative ideas, suggestions, proposals or other materials, or if you voluntarily submit such materials to us by email, through the Site or by other means, you agree that we may use those submissions for legitimate business purposes, subject to applicable law and our Privacy Policy.

Where appropriate, this may include editing, reproducing, publishing, distributing, translating or displaying submitted content.

You understand that we are not obligated to:

Maintain any comments in confidence, except where required by law or our Privacy Policy.
Pay compensation for any comments.
Respond to any comments.

We may, but are not obligated to, monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise objectionable, or that violates these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your comments will not contain unlawful, abusive, defamatory or obscene material, or contain any computer virus, malware or other harmful code.

You must not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties about the origin of your comments.

You are solely responsible for comments and other content you submit and for their accuracy.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions and to update information or cancel orders where information is inaccurate, subject to applicable law.

Where appropriate, we may contact you regarding an affected order.

We undertake no obligation to update, amend or clarify information in the Service or on any related website unless required by law.

No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the Site or its content:

a. For any unlawful purpose.

b. To solicit others to perform or participate in unlawful acts.

c. To violate applicable laws, regulations or ordinances.

d. To infringe or violate our intellectual property rights or the intellectual property rights of others.

e. To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others.

f. To submit false or misleading information.

g. To upload or transmit viruses, malware or any other harmful or destructive code.

h. To collect or track the personal information of others without lawful authority.

i. To spam, phish, pharm, pretext, spider, crawl or scrape the Site without our written permission.

j. For any unlawful, fraudulent, abusive or otherwise prohibited purpose.

k. To interfere with or circumvent the security features of the Service, the Site or the Internet.

We reserve the right to suspend or terminate your access to the Service or any related website if you violate these Terms or applicable law.

SECTION 13: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from the use of the Service will always be accurate or reliable.

From time to time, we may suspend or remove the Service for maintenance, technical reasons or other legitimate business purposes.

You acknowledge that your use of the Service is at your own risk to the extent permitted by law.

The Service and products supplied through the Service are provided on an “as is” and “as available” basis except where otherwise expressly stated or where consumer guarantees, warranties or rights apply under Australian law.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law or any other applicable law that cannot legally be excluded, restricted or modified.

To the maximum extent permitted by law, Numb My Thumb®, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, special or consequential loss arising from your use of the Service or products purchased through the Service.

This limitation does not apply to liability that cannot lawfully be excluded or limited.

SECTION 14: INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify and hold harmless Numb My Thumb®, its directors, officers, employees, affiliates, agents, contractors, licensors, service providers, suppliers and employees from claims, losses, liabilities, costs and reasonable legal expenses arising from:

Your breach of these Terms.
Your misuse of the Site or Services.
Your violation of applicable law.
Your violation of the rights of a third party.

This section applies only to the extent permitted by applicable law.

SECTION 15: SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by law.

The unenforceable portion shall be treated as severed to the extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive termination of these Terms where applicable.

These Terms are effective unless and until terminated by either you or us.

You may stop using our Services at any time.

If we reasonably believe that you have breached any provision of these Terms, we may suspend or terminate your access to the Service, subject to applicable law.

Termination does not affect any rights or obligations that accrued before termination.

SECTION 17: ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on the Site, constitute the entire agreement between you and us concerning your use of the Service.

They supersede any prior or contemporaneous agreements, communications and proposals relating to the Service.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services to you are governed by and construed in accordance with the laws of Australia.

You agree that Australian courts have jurisdiction in relation to matters arising from these Terms, subject to any mandatory rights or protections available to you under applicable law.

SECTION 19: CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our 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.

Your continued use of or access to our website or Services following the posting of changes to these Terms constitutes acceptance of those changes, to the extent permitted by applicable law.

CONTACT INFORMATION

If you have any questions regarding these Terms of Service, our products, your order or our Services, please contact Numb My Thumb® through the contact details provided on our website.

Numb My Thumb®
Website: numbmythumb.com.au