Terms of service

OVERVIEW
This website is operated by Torque. Throughout the site, the terms “we”, “us” and “our” refer to Torque. Torque 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 and conditions (“Terms of Service”, “Terms”), including those 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, vendors, customers, merchants, and/ or 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, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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 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 store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows 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 province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

All material on this site — including but not limited to text, graphics, photographs, illustrations, videos, animations, audio, product imagery, packaging design, user interface elements, visual interfaces, layouts, page architecture, navigation systems, icons, logos, marks, slogans, taglines, product descriptions, color palettes, typography, and computer code (HTML, CSS, JavaScript, and all source and object code) — together with the design, structure, selection, coordination, expression, "look and feel," and arrangement of such material (collectively, "Content"), is owned by, controlled by, or licensed to Torque, and is protected by Australian, United States, and international copyright, trademark, trade dress, patent, design rights, database rights, and unfair competition laws. All rights not expressly granted are reserved to Torque.

The overall visual appearance, design aesthetic, "look and feel," and distinctive presentation of this site and of Torque products — including but not limited to layout, color combinations, photography style, product staging, graphical motifs, animation styles, user interface flow, and visual brand identity — constitute protectable trade dress and proprietary design elements of Torque. You acknowledge that these elements are non-functional, distinctive, and identify Torque as the source of products and services bearing them. Any imitation, replication, simulation, or substantially similar reproduction of this site's look and feel, visual design, or trade dress — whether on a competing website, in marketing materials, on packaging, in product design, or in any other commercial context — constitutes a material breach of these Terms and may also constitute trade dress infringement, unfair competition, passing off, and/or copyright infringement under applicable law. Torque actively monitors for and will pursue all available legal remedies against parties who copy, mimic, or trade upon the goodwill of its visual brand, including injunctive relief, damages, accounts of profits, and recovery of legal costs.

"Torque," "Torque Vacuum," "Torque Pro," the Torque logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Torque or its affiliates. You may not use these marks without the prior written permission of Torque.

You agree not to reproduce, duplicate, copy, sell, resell, exploit, mirror, frame, scrape, harvest, index, or otherwise extract any portion of the Service, the site, or any Content, in whole or in part, in any form or by any means, without Torque's express prior written permission. You further agree not to use the site or any Content to train, fine-tune, or develop any artificial intelligence, machine learning model, large language model, generative AI system, or similar technology, whether for commercial or non-commercial purposes, without Torque's express prior written consent.

You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, structure, organization, or algorithms of the site, any feature of the site, or any underlying software, nor to analyze, study, or deconstruct the site, its design files, or its visual elements for the purpose of creating any product, website, or service that is substantially similar to, or derived from, the site or any Torque product.

You acknowledge that any breach of this Section 2 will cause irreparable harm to Torque for which monetary damages would be inadequate. Accordingly, in addition to any other remedies available at law or in equity, Torque is entitled to seek immediate injunctive and equitable relief — including temporary restraining orders, preliminary injunctions, and permanent injunctions — without the requirement to post bond or prove actual damages. If Torque takes legal action to enforce this section, you agree to pay all reasonable legal fees and costs incurred by Torque, in addition to any other relief granted.

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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. 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.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

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 are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
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).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, comments, reviews, photographs, videos, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Submissions"), the following terms apply.

Assignment of rights in published Submissions. You agree that, upon Torque publishing, displaying, or otherwise using any Submission (in whole or in part, in any medium, and whether or not edited or modified by Torque), you irrevocably and unconditionally assign, transfer, and convey to Torque all right, title, and interest in and to that Submission, including all copyright, trademark, moral rights (to the extent waivable), publicity rights, database rights, and all other intellectual property rights of any kind, throughout the world, in perpetuity. From the moment of such publication or use, the Submission becomes the sole and exclusive property of Torque, and Torque shall be the sole and exclusive owner of all rights, title, and interest in it. To the extent any rights cannot be assigned by operation of law, you grant Torque an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to exercise all such rights without restriction. You agree to execute any further documents reasonably requested by Torque to give effect to this assignment.

License for unpublished Submissions. For any Submission that Torque has not yet published or used, you grant Torque a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submission in any medium now known or later developed, for any purpose, including marketing, advertising, and promotion, without compensation, attribution, or notice to you.

Waiver of moral rights. To the maximum extent permitted by law, you irrevocably waive, and agree not to assert, any moral rights, rights of attribution, or rights of integrity you may have in any Submission, including under the Copyright Act 1968 (Cth) (Australia) and any equivalent laws in other jurisdictions.

No obligations on Torque. Torque is and shall be under no obligation (1) to maintain any Submission in confidence; (2) to pay compensation for any Submission; (3) to credit or attribute any Submission to you; or (4) to respond to, use, publish, or retain any Submission.

Your representations and warranties. You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions in and to your Submission to grant the rights set out in this section; (b) your Submission, and Torque's use of it, will not infringe or violate any third-party right, including copyright, trademark, privacy, publicity, personality, or other proprietary right; (c) your Submission does not contain libelous, defamatory, abusive, obscene, pornographic, threatening, or otherwise unlawful material, nor any virus or malicious code; (d) you have obtained all necessary consents from any individuals identifiable in your Submission (including model and likeness releases for any photographs or videos depicting other people); and (e) you are not using a false email address, impersonating another person, or otherwise misleading Torque or third parties as to the origin of the Submission.

Monitoring. Torque may, but has no obligation to, monitor, edit, or remove any Submission that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

Your responsibility. You are solely responsible for any Submission you make and its accuracy. Torque takes no responsibility and assumes no liability for any Submission posted by you or any third party.

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 that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including by copying, imitating, or replicating the site's design, layout, look and feel, user interface, navigation structure, photography style, or visual identity, in whole or in part, for any commercial website, application, marketing material, or product presentation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape, harvest, or use any automated device, bot, robot, or similar tool to access, monitor, copy, or extract any portion of the site or its content (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to use the site or any content to train, fine-tune, or develop any artificial intelligence, machine learning model, large language model, generative AI system, or similar technology, without Torque's express prior written consent; (m) to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, design files, structure, or visual elements of the site for the purpose of creating a competing or substantially similar product, website, or service; or (n) to use the site to compete with Torque, including by collecting product information, pricing, design elements, or customer data for the benefit of a competing business. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses, and to pursue all available legal remedies, including injunctive relief and recovery of legal costs.

SECTION 13 - DISCLAIMER OF WARRANTIES; 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 that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Torque, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation 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 Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Torque and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - 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 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - 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 or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with:

(a) for users located in Australia, New Zealand, or the Asia-Pacific region, the laws of Australia, without regard to conflict-of-laws principles, and you submit to the exclusive jurisdiction of the Courts of Australia; and

(b) for users located in the United States, Canada, or elsewhere outside Australia and the Asia-Pacific region, the laws of the United States, without regard to conflict-of-laws principles, and you submit to the exclusive jurisdiction of the state and federal courts located of the United States.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. Notwithstanding the foregoing, Torque may bring an action for injunctive or equitable relief, or to enforce its intellectual property rights, in any court of competent jurisdiction worldwide. If you are a consumer based in a jurisdiction whose law grants you a mandatory right to bring proceedings in your country of residence, that right is preserved.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - MEDICAL DISCLAIMER

Any information provided in this website is intended for general guidance and informational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. By purchasing and using any products including but not limited to devices, users do so at their own risk and hereby waive, release, and discharge Torque, its affiliates, partners, owners, directors, officers, employees, agents, and all related entities from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may result from the use of this device. Torque makes no claims that the device prevents, cures, or treats any medical condition. The Food and Drug Administration has not evaluated these statements. Any products including but not limited to devices is not intended to diagnose, treat, cure, or prevent any disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information related to this device. If you think you may have a medical emergency, call your doctor or emergency hotline immediately.

SECTION 21 - PRODUCT MARKINGS
Please note that due to variations in our manufacturing process or during certain instances of product updates, the physical product you receive may not bear the "TORQUE" marking on its exterior. This variance is neither considered a minor fault nor a cosmetic issue but rather a characteristic of our product distribution at times. The absence of the "TORQUE" marking does not affect the product's functionality, quality, or eligibility for warranty and support services. All products, regardless of exterior marking, are manufactured to meet the high standards and specifications of the Torque brand. Customers can rest assured that receiving a product without the "TORQUE" marking does not signify a lack of authenticity or a decrease in product quality. By purchasing and accepting these terms, you acknowledge and agree that a product received without the "TORQUE" marking is not grounds for a return, exchange, or claim under the premise of minor faults or cosmetic issues, provided the product is otherwise in new condition and fully functional.

SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at cs@torquevacuum.com
Our contact information is posted below:
cs@torquevacuum.com