Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to NERŌ. The terms "we", "us" and "our" refer to NERŌ WATER (ABN 31 778 557 061), an Australian business based in Byron Bay, NSW. NERŌ 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"). NERŌ is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. 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 and our Privacy Policy. If you do not agree to these Terms or our 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 lawfully be excluded. See the "Australian Consumer Law" section below.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, and that 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 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 it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to represent our products accurately in our online store. Please note that colours and product appearance may differ from how they appear on your screen, depending on your device and its settings.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time, and may limit the quantities 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 guarantees that goods will match their description and be of acceptable quality.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. NERŌ reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate a cancellation request once an order has been accepted and dispatched. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of the order. Where we cancel an order you have already paid for, we will refund you in full.

Your purchases are subject to return and refund in accordance with our 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.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time your order is placed, and will be set out in your order confirmation email.

Prices are posted in Australian Dollars (AUD) and include GST where applicable. Shipping is free across Australia, as described in our Shipping Policy.

We may from time to time run promotions that affect pricing and that are governed by their own terms. If there is a conflict between the terms of 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, and to promptly update that 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 payment method chosen, 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 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 the carrier, 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 a refund as set out in our Shipping Policy and Refund Policy. You do not need to deal with the carrier — that is our job.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by NERŌ 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 here, nothing in these Terms grants you a licence or other rights under any trademark, copyright, or other intellectual property of NERŌ, Shopify or any third party. All rights not expressly granted are reserved by NERŌ.

NERŌ's names, logos, product names, designs and slogans are trademarks of NERŌ or its licensors, and you must not use them 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 given access to third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement, to the extent permitted by law. We have no liability arising from or relating to your use of optional third-party tools, except to the extent that liability cannot be excluded under the Australian Consumer Law.

Any use of these optional tools is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which the relevant third party provides them.

We may also offer new features through the Services in future. Those will also form part of the Services and be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access them, you do so at your own risk.

To the extent permitted by law, we are not liable for any harm or damage related to your access to any third-party website, or your purchase or use of any products, services or content on it. Please review the third party's policies before you engage in any transaction with them. Complaints about third-party products and services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

NERŌ 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 NERŌ. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and NERŌ, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NERŌ, 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 also 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 them. Information you submit will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you live. See our Privacy Policy for more detail 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 (together, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use — for example, to operate, evaluate, improve and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentive you received in connection with submitting it; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it, or to respond to it.

We may, but are not obliged to, monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes anyone's intellectual property or breaches these Terms.

You agree that your Feedback will not infringe 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 submit and for its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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 and without prior notice — including after you have submitted your order. Where we cancel an order you have already paid for because of 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 breach any applicable laws or regulations; (c) to infringe 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 "junk mail", "chain letters" or "spam"; (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 NERŌ, Shopify or users of the Services.

You also agree not to: (a) upload or transmit viruses or other 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-extraction tool, AI tool (including agentic AI), or other automated means to access the Services except as permitted in the "Agents" section below; or (f) interfere with, bypass or circumvent the security features of the Services. We may suspend, disable or terminate your access at any time if we determine you have breached any part of these Terms.

SECTION 14 - AGENTS

14.1 This section (the "Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any of the 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 a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with clause 14.4 at all times. In addition, no Agent may access, use, or interact with the Services if we have asked that Agent to refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) identify in all HTTP/HTTPS requests that the request comes from an Agent, and disclose the Agent's name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that the access or interaction is from an Agent, including by mimicking human behaviour and interaction patterns, or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether the interaction is coming from a human or a computer; and (iv) not circumvent or 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 of them) at our 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 continue to apply after any termination: Intellectual Property, Feedback, Termination, Australian Consumer Law, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - 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 lawfully be 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 a breach of a consumer guarantee is limited, at our option, to 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 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is 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", without any representation, warranties or conditions of any kind, 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 18 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject to the "Australian Consumer Law" section above, in no case shall NERŌ, 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, or replacement costs — 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 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NERŌ, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal costs, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your breach 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 notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be severed from these Terms. That determination will not affect the validity and enforceability of any remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms 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, including any prior versions of these Terms.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

SECTION 22 - 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 your consent or notice to you.

SECTION 23 - GOVERNING LAW

These Terms, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of New South Wales, Australia, and the Commonwealth of Australia where applicable. You and NERŌ submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

SECTION 24 - HEADINGS

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

SECTION 25 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our discretion, to update, change or replace any part of these Terms 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 in accordance with applicable law, and those changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at hello@nerowater.com.au.

NERO WATER
ABN 31 778 557 061
Byron Bay, NSW, Australia
hello@nerowater.com.au

Last updated: 10 August 2026