Terms of service

Effective Date: 28 July 2026

Welcome to Leftovers Club ("Leftovers Club", "we", "our", or "us").

These Terms of Service ("Terms") govern your access to and use of the Leftovers Club website, including all related content, features, products, services and functionality made available through our website (collectively, the "Services").

Our online store is powered by Shopify, which provides the e-commerce platform enabling us to sell our products and services to you.

By accessing, browsing or using our Services, or by purchasing products from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you must not access or use our Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law ("ACL") or any other applicable law where those rights cannot lawfully be excluded.

Section 1: Access and Account

1.1 Eligibility

By using our Services, you represent that:

• you are at least 18 years of age or otherwise have the legal capacity to enter into a binding agreement;
• all information you provide to us is accurate, current and complete; and
• you will comply with these Terms and all applicable laws.

If you permit a minor to use the Services through your account or on a device under your control, you are responsible for their use of the Services.

1.2 Account Information

To purchase products or access certain features, you may be required to provide information including your name, email address, billing address, delivery address and payment details.

You agree to keep this information accurate and up to date so that we can fulfil your orders and communicate with you where necessary.

1.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.

You must notify us promptly if you become aware of any unauthorised access to your account.

1.4 Account Transfers

Accounts are personal to the registered user and must not be sold, assigned or transferred without our prior written consent.

Section 2: Our Products

2.1 Product Information

We aim to ensure that all product descriptions, photographs and other information displayed through our Services are accurate.

However, colours and appearance may vary depending on your device, screen settings and lighting conditions. We cannot guarantee that your device will accurately display product colours.

2.2 Product Availability

All products are subject to availability.

We reserve the right to discontinue products or modify product specifications at any time without prior notice.

2.3 Pricing and Descriptions

We make reasonable efforts to ensure product descriptions and pricing are accurate. If we discover an error, we may correct it before accepting your order.

Nothing in this section limits your rights under the Australian Consumer Law.

2.4 Consumer Guarantees

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 goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Section 3: Orders

3.1 Placing an Order

When you place an order through our Services, you are making an offer to purchase the selected products.

Submission of an order does not constitute acceptance by Leftovers Club.

3.2 Acceptance of Orders

A contract is formed only when we accept your order and send you an order confirmation.

Before acceptance, we may decline or cancel an order where reasonably necessary, including where:

• products are unavailable;
• payment cannot be authorised;
• pricing or product information contains an obvious error;
• fraudulent or unlawful activity is suspected; or
• we are otherwise entitled to do so under applicable law.

If payment has already been processed for an order that is cancelled, we will refund the amount paid using the original payment method.

3.3 Order Changes

Please review your order carefully before submitting it.

While we will try to accommodate requests to amend or cancel an order, we cannot guarantee that changes can be made after an order has been accepted.

3.4 Personal Use

Unless otherwise agreed in writing, products purchased through our Services are intended for personal use and not for commercial resale.

3.5 Refunds and Returns

Our Refund Policy forms part of these Terms.

Nothing in our Refund Policy limits or excludes any rights you may have under the Australian Consumer Law.

Section 4: Prices and Payment

4.1 Pricing

All prices displayed on our website are in Australian Dollars (AUD) unless otherwise stated.

Prices include Goods and Services Tax (GST) where applicable unless expressly stated otherwise.

Delivery charges will be shown separately during checkout before payment is completed.

4.2 Price Changes

We may change prices, promotions or discounts at any time before an order is accepted.

The price payable for your purchase will be the price displayed at the time your order is submitted.

4.3 Payment

Payment must be received before your order can be processed.

By submitting payment details, you warrant that:

• you are authorised to use the payment method provided;
• the information supplied is accurate; and
• sufficient funds are available to complete the transaction.

4.4 Billing Information

You agree to provide accurate billing and contact details and to promptly update any changes so we can complete your order and contact you if required.

Section 5: Shipping and Delivery

5.1 Delivery

We will use reasonable efforts to dispatch orders within the estimated timeframes displayed on our website.

Delivery timeframes are estimates only and are not guaranteed.

5.2 Delays

Delivery may be affected by factors outside our reasonable control, including courier delays, weather events, customs processing or other unforeseen circumstances.

To the extent permitted by law, we are not liable for delays caused by events beyond our reasonable control.

5.3 Risk and Ownership

Risk in the products passes to you when the products are delivered to the delivery address nominated by you, or otherwise when you take possession of the products.

Ownership of the products passes to you once full payment for the relevant order has been received by Leftovers Club.

Nothing in this section limits or excludes any rights you may have under the Australian Consumer Law, including your rights in relation to products that are faulty, defective, unsafe, or otherwise fail to meet applicable consumer guarantees.

Section 6: Intellectual Property

All content forming part of the Services — including text, graphics, logos, branding, product photographs, website design, software, videos and other materials — is owned by or licensed to Leftovers Club and is protected by Australian and international intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Services solely for your personal, non-commercial use.

You must not, without our prior written consent:

• reproduce or copy any substantial part of the Services;
• distribute, publish or commercially exploit our content;
• create derivative works from our content;
• remove proprietary notices; or
• use our trademarks or branding in a manner likely to suggest sponsorship or endorsement.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Section 7: Optional Tools

From time to time, we may make available tools, applications or services provided by third parties.

These third-party tools are provided for your convenience.

Unless expressly stated otherwise, they are made available "as is" and "as available", and we do not warrant their availability, functionality or suitability.

Your use of any third-party tool is at your own discretion and is subject to the terms and conditions imposed by the relevant provider.

We may introduce additional features or tools in the future, and those features will also be governed by these Terms.

Section 8: Third-Party Links

Our Services may contain links to websites, applications or services operated by third parties.

These links are provided solely for your convenience.

We do not control, endorse or accept responsibility for third-party content, products or services.

If you choose to access a third-party website or service, you do so at your own risk and subject to the terms and privacy practices of that third party.

To the extent permitted by law, Leftovers Club is not responsible for any loss or damage arising from your use of third-party websites, products or services.

Section 9: Relationship with Shopify

Our online store is hosted on Shopify, which provides the e-commerce platform that enables us to offer our products and Services.

Any purchase made through our website is a transaction between you and Leftovers Club. Leftovers Club is responsible for the sale of products, order fulfilment, customer service, refunds, and other obligations relating to your purchase.

Shopify provides the technology platform used to operate our online store but is not the seller of our products and is not responsible for the supply of products purchased from Leftovers Club.

To the extent permitted by law, we are not responsible for outages, errors, delays or other technical issues arising from Shopify's platform, payment processing systems, or other third-party service providers we rely on to operate the Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under applicable law, including any rights you may have against Shopify or another party where those rights cannot lawfully be excluded.

Section 10: Privacy

We collect, use, disclose and store your personal information in accordance with our Privacy Policy.

By using our Services, you acknowledge that you have read and understood our Privacy Policy.

As our Services are hosted by Shopify, certain personal information may also be collected and processed by Shopify and its service providers in order to operate the website, process payments, prevent fraud and improve the Services.

Some of this information may be transferred or stored outside Australia.

Further information about how your personal information is handled is available in:

• our Privacy Policy; and
• Shopify's Privacy Policy.

Where applicable, we handle personal information in accordance with the Privacy Act 1988 (Cth) and other applicable Australian privacy laws.

Section 11: Feedback and User Content

11.1 Feedback

If you submit reviews, suggestions, ideas, recommendations, testimonials, photographs or other content ("Feedback") to us, you grant Leftovers Club a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for the purpose of operating, improving and promoting our business and Services.

You retain ownership of your Feedback.

11.2 Your Responsibilities

You warrant that:

• you own, or have permission to use, all intellectual property rights in your Feedback;
• your Feedback does not infringe another person's rights;
• your Feedback is accurate to the best of your knowledge;
• your Feedback is not unlawful, defamatory, misleading, abusive or offensive; and
• your Feedback does not contain malicious software or code.

11.3 Moderation

We may, but are not obliged to, review, moderate, remove or refuse to publish Feedback that we reasonably believe:

• breaches these Terms;
• infringes another person's rights;
• is unlawful; or
• may expose us or other users to harm.

11.4 Compensation

Unless expressly agreed otherwise, you will not receive payment for Feedback submitted voluntarily.

Section 12: Errors and Inaccuracies

Despite our best efforts, information available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs or product availability.

We reserve the right to correct these errors and, where reasonably necessary, cancel or amend an order before it has been fulfilled.

Where an order is cancelled due to an error after payment has been received, we will provide a full refund using your original payment method.

Nothing in this section limits any rights available under Australian Consumer Law.

Section 13: Acceptable Use

You must use our Services lawfully and in accordance with these Terms.

You must not:

• use the Services for any unlawful purpose;
• breach any applicable law or regulation;
• infringe our intellectual property rights or those of another person;
• harass, threaten or abuse another user;
• upload malicious software or code;
• interfere with the operation or security of the Services;
• submit false or misleading information;
• use the Services to distribute unsolicited advertising or spam;
• impersonate another individual or organisation; or
• engage in conduct that may damage our reputation or interfere with another person's use of the Services.

Automated Access

You must not access the Services using bots, automated scripts, scraping tools, AI agents or other automated systems except where:

• we have expressly authorised such access; or
• the automated access complies with Section 14 of these Terms.

Reasonable indexing by recognised search engines is permitted unless otherwise prohibited.

Security

You must not:

• attempt to bypass security measures;
• probe or test vulnerabilities;
• interfere with authentication systems;
• circumvent rate limits or access controls; or
• introduce malware or other harmful technology.

Where we reasonably believe your use breaches these Terms or threatens the integrity or security of the Services, we may suspend or restrict access while the matter is investigated.

Section 14: Agents and Automated Systems

14.1 Application

This section applies where any software, automation, artificial intelligence system, autonomous agent or similar technology ("Agent") accesses or interacts with the Services.

14.2 Identification

Any Agent accessing the Services must accurately identify itself and must not falsely represent itself as a human user.

Where technically possible, requests should identify the Agent through the applicable user-agent or equivalent identifier.

14.3 Prohibited Conduct

Agents must not:

• circumvent CAPTCHAs or similar security measures;
• disguise automated activity as human interaction;
• bypass technical restrictions;
• interfere with the operation of the Services;
• harvest personal information from users;
• perform excessive requests that impair website performance; or
• access areas of the Services not intended for public use.

14.4 Access Controls

We may implement reasonable technical measures to manage automated access to our Services.

Where we notify you that an Agent is no longer authorised to access the Services, you must promptly cease such access.

Section 15: Suspension and Termination

15.1 Suspension

We may suspend or restrict access to all or part of the Services where reasonably necessary to:

• investigate suspected unlawful activity;
• protect the security or integrity of the Services;
• prevent fraud;
• perform maintenance; or
• address a material breach of these Terms.

Where appropriate, we will endeavour to restore access once the relevant issue has been resolved.

15.2 Termination by You

You may stop using the Services at any time.

You may request closure of your account by contacting us using the details provided in these Terms.

You may request access to, correction of, or deletion of your personal information.

Where you request deletion, we will take reasonable steps to delete or de-identify personal information that we no longer need, subject to any legal, accounting, security or regulatory requirements that require us to retain certain information.

15.3 Termination by Leftovers Club

We may terminate your account where:

• you materially breach these Terms;
• continued access presents a genuine security risk;
• we are required to do so by law; or
• we discontinue the relevant Services.

Where reasonably practicable, we will provide notice before terminating your account.

15.4 Survival

The following sections continue after termination:

• Intellectual Property;
• Privacy;
• Feedback;
• Consumer Guarantees;
• Limitation of Liability;
• Indemnity;
• Governing Law;
• and any provision which by its nature is intended to survive termination.

Section 16: Warranties and Australian Consumer Law

16.1 Consumer Rights

Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

16.2 Website Availability

While we aim to ensure that our Services remain available and operate reliably, we do not guarantee that:

• the Services will always be uninterrupted;
• the Services will always be secure;
• the Services will be free from errors or viruses; or
• defects will always be corrected immediately.

We recommend maintaining appropriate antivirus protection and exercising reasonable care when using the internet.

16.3 Third-Party Services

To the extent permitted by law, we do not warrant the availability or performance of third-party services that integrate with or are linked from our website.

16.4 Excluded Warranties

Except for warranties that cannot lawfully be excluded, all implied warranties, guarantees and conditions are excluded to the maximum extent permitted by law.

As our products are goods ordinarily acquired for personal, domestic or household use, section 64A of the Australian Consumer Law — which allows some suppliers to limit their liability for a failure of a consumer guarantee to repair, replacement or re-supply — does not apply to us. Our liability for a failure to comply with a consumer guarantee is instead as set out under the Australian Consumer Law in full, including your right to a refund or replacement for a major failure, repair or replacement for a failure that is not major, and compensation for any other reasonably foreseeable loss or damage.

Section 17: Limitation of Liability

17.1 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

17.2 Exclusion of Certain Losses

To the maximum extent permitted by law, Leftovers Club is not liable for any indirect, incidental, consequential, exemplary or special loss or damage, including loss of profits, loss of business opportunity, loss of revenue, loss of goodwill or loss of data, arising from your use of the Services or any products purchased through the Services.

17.3 Limitation of Liability

Where liability cannot be excluded but may lawfully be limited, our liability is limited to the maximum extent permitted by law.

For goods and services supplied to consumers, our liability is subject to the Australian Consumer Law, including the consumer guarantees that cannot be excluded.

17.4 Events Beyond Our Control

To the extent permitted by law, we are not responsible for delays or failures to perform our obligations where caused by events beyond our reasonable control, including:

• natural disasters;
• severe weather events;
• pandemics;
• industrial disputes;
• courier or freight disruptions;
• telecommunications failures;
• cyber incidents;
• outages or disruptions to Shopify's platform or other third-party service providers;
• government action; or
• other force majeure events.

Section 18: Indemnity

You agree to indemnify Leftovers Club, its directors, employees, contractors and agents against any loss, liability, damage or reasonable expense suffered or incurred as a direct result of:

• your material breach of these Terms;
• your unlawful use of the Services; or
• your infringement of another person's intellectual property or other legal rights.

This indemnity applies only to the extent your conduct causes the relevant loss and does not apply where the loss arises from our negligence, fraud, wilful misconduct or breach of law.

Section 19: Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, that provision will be severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

Section 20: Entire Agreement and Waiver

These Terms, together with our Privacy Policy, Refund Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Leftovers Club regarding your use of the Services.

They replace any prior understandings or agreements relating to the same subject matter.

A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.

Any waiver must be in writing.

Section 21: Assignment

You may not assign, transfer or otherwise deal with your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms where:

• the transfer forms part of a sale, merger or restructure of our business; or
• the transfer will not materially reduce your rights under these Terms.

Section 22: Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, and applicable Commonwealth laws of Australia.

You and Leftovers Club submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts entitled to hear appeals from those courts.

Nothing in these Terms limits, excludes or modifies any rights or remedies available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

Section 23: Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

Section 24: Changes to These Terms

We may update these Terms from time to time where reasonably necessary, including to:

• reflect changes to our Services;
• comply with changes in applicable law;
• improve security;
• reflect operational changes; or
• address changes to our business practices.

Where a change materially affects your rights or obligations, we will provide reasonable notice by publishing the updated Terms on our website or by another appropriate method.

Unless required by law, changes apply only from their stated effective date and will not operate retrospectively.

Your continued use of the Services after the effective date of any updated Terms constitutes acceptance of those changes.

Section 25: Contact Details

If you have any questions about these Terms or wish to contact us regarding your rights or obligations, please contact us using the details below.

Leftovers Club
Email: leftoversclubapparel@gmail.com
Australian Business Number (ABN): 50640199021

Important Australian Consumer Law Notice

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law.

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 they fail to be of acceptable quality and the failure does not amount to a major failure.