Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to Nero! The terms "we", "us" and "our" refer to Nero. Nero 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"). Nero 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.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law, which cannot be lawfully excluded. See the "Australian Consumer Law" section below.

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 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 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 in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

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.

Nothing in this section limits your rights under the Australian Consumer Law, including the consumer guarantee that goods will match their description and be of acceptable quality.

SECTION 3 - ORDERS AND PRE-ORDERS
When you place an order, you are making an offer to purchase. Nero reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Nero confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. 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.

Pre-orders. NERO is currently launching through a founding pre-order. By placing a pre-order, you understand and agree that:

- Production begins only if we reach 25 supporters by June 12. If we reach this target, your order will ship within 8 weeks or less from that date.
- If we do not reach 25 supporters by June 12, your order will not proceed and every cent you paid will be refunded in full within five business days, with no fee.
- Pre-orders cannot be cancelled or refunded for change of mind once placed. Please review your order carefully before purchasing.
- Nothing in this section affects your rights under the Australian Consumer Law. If your order is not delivered within a reasonable time, or if the product is faulty, not of acceptable quality, or does not match its description, you remain entitled to a refund, replacement or other remedy as set out in our Refund Policy and the "Australian Consumer Law" section below.
- Delivery timeframes for pre-orders are good-faith estimates based on our production and shipping schedule. We will keep you informed of progress throughout.

Your purchases are subject to return, refund or exchange in accordance with our Refund Policy and your rights under the Australian Consumer Law.

SECTION 4 - PRICES AND BILLING
Prices and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices are in Australian Dollars (AUD) and include GST where applicable. Shipping is free across Australia as described in our Shipping Policy.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your information, including your email address, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the chosen payment method, and (iii) you will pay the charges incurred at the posted prices.

SECTION 5 - SHIPPING AND DELIVERY
We ship free across Australia via Australia Post, with tracking included on every order, as described in our Shipping Policy.

All delivery timeframes are estimates only and are not guaranteed. While we are not responsible for delays caused by Australia Post, customs, or events outside our control, we remain responsible for your order until it is delivered to you, consistent with our obligations under the Australian Consumer Law. If your order is lost in transit or arrives damaged, we will provide a replacement or refund as set out in our Shipping Policy and Refund Policy. You do not need to deal with the carrier — that is our responsibility.

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 Nero or its licensors and are protected by Australian and foreign copyright, trademark 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 expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any trademark, copyright, or other intellectual property of Nero, Shopify or any third party. All rights not expressly granted herein are reserved by Nero.

Nero's names, logos, product and service names, designs, and slogans are trademarks of Nero or its licensors. You must not use such trademarks without our prior written permission. 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 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 over.

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, to the extent permitted by law. We shall have no liability arising from or relating to your use of optional third-party tools, except to the extent such liability cannot be excluded under the Australian Consumer Law.

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).

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. 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.

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 the third party's policies carefully before you engage in any transaction. Complaints regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Nero 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 Nero. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Nero, 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 Nero, to the extent permitted by law.

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 countries other than where you reside. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, proposals, 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, to operate, improve and promote the Services.

You 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 under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms. You agree that your Feedback will not violate any right of any third party, and will not contain unlawful, abusive or obscene content, or any malware. You may not use a false email address or pretend to be someone other than yourself. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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). Where we cancel an order you have already paid for due to such an error, we will refund you in full.

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 applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to send or re-use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation; (h) 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 that may harm Nero, Shopify or users of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any malicious code; (b) reproduce, duplicate, copy, 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 or data-gathering tools, or automated means to access the Services; or (f) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your access at any time if we determine that you have violated any part of these Terms.

SECTION 14 - 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, Australian Consumer Law, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other law that cannot be lawfully excluded or limited.

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.

To the extent permitted by law, our liability for any breach of a consumer guarantee is limited to (at our option): replacing the goods, supplying equivalent goods, or paying the cost of replacing the goods or having them repaired.

Where the Australian Consumer Law applies, the disclaimers and limitations of liability in these Terms apply only to the extent permitted by that law.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Subject to the Australian Consumer Law and the "Australian Consumer Law" section above, and to the fullest extent permitted by law, the Services and all products offered through the Services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, and subject to the "Australian Consumer Law" section above, in no case shall Nero, our partners, 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 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 Services or any products procured using the Services.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nero, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal 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, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

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 constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

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 of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia where applicable. You and Nero submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

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 constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at nerowaterau@gmail.com.

NERO WATER
Byron Bay, NSW, Australia
nerowaterau@gmail.com

Last updated: 28 May 2026