Terms of service
OVERVIEW
Welcome to Humi. The terms “we”, “us” and “our” refer to Humi. Humi 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”). Humi is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, 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 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 our Privacy Policy, you should not use or access the Services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law where those rights or remedies cannot lawfully be excluded, restricted or modified.
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 that you have given us your consent to allow any of your minor dependants 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 or services 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 information you provide to us is correct, current and complete and that you have all rights necessary to provide that information.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under 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 provide an accurate representation of our products and services in our online store. However, colours, sizing, textures and product appearance may differ from how they appear on your screen due to the device you use to access the store and your device settings and configuration.
Subject to your rights under the Australian Consumer Law, we do not warrant that the appearance of any products or services purchased by you will exactly match how they are depicted, rendered or displayed in our online store.
All descriptions of products are subject to change at any time without notice. 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.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Humi may accept or decline your order, acting reasonably, including where a product is unavailable, there is an error in pricing or description, payment is not authorised, or we reasonably suspect fraud, misuse or a breach of these Terms. Your order is not accepted until Humi confirms acceptance.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Humi may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was made.
Your purchases are subject to our Refund Policy and to any rights and remedies you may have 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 or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, prices displayed on our Australian store are in Australian dollars and include GST where applicable, but may exclude shipping, delivery, customs, duties and import charges. Any applicable additional amount will be shown before you complete your order.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address, card details and expiry dates, 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 that payment method for the purchase; (iii) charges incurred by you will be honoured by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping, delivery charges and applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
Any delivery times we provide are estimates only unless we expressly state otherwise. We are not liable for shipping and delivery delays caused by carriers, customs processing or events outside our reasonable control, except to the extent liability cannot lawfully be excluded.
If we accept payment for products, we will supply them within the timeframe indicated at checkout or otherwise communicated to you, or, if no timeframe is stated, within a reasonable time.
Unless otherwise required by law, title to products passes to you once we have received payment in full and the products have been delivered to the delivery address for your order. Risk of loss or damage passes to you on delivery.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trade marks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement of them, are owned by Humi, its affiliates or licensors and are protected by Australian and international copyright, trade mark 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 from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants or is to be construed as granting any licence or other right to you under any patent, trade mark, copyright or other intellectual property right of Humi, Shopify or any third party. Unauthorised use of the Services may breach applicable laws. All rights not expressly granted are reserved by Humi.
Humi’s names, logos, product and service names, designs and slogans are trade marks of Humi or its affiliates or licensors. You must not use those trade marks without Humi’s prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trade marks 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 do not monitor and over which we have no control or input.
Subject to any rights you may have under laws that cannot be excluded, 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 maximum extent permitted by law, we have no liability arising from or relating to your use of optional third-party tools.
Any use by you of 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 those tools are provided by the relevant third-party provider.
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features will also be deemed part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy or policies of any third-party materials or websites you choose to access. If you leave the Services to access those materials or third-party sites, you do so at your own risk.
To the maximum extent permitted by law, we are not liable for any loss or damage related to your access to 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 and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Humi 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 Humi and not with Shopify.
By using the Services, you acknowledge and agree that, to the maximum extent permitted by law, Shopify is not responsible for the sale, supply, quality, safety or fitness of products sold by Humi, or for losses arising directly from purchases or transactions between you and Humi. To the maximum extent permitted by law, and except to the extent a claim arises from Shopify’s own acts or omissions or liability that cannot lawfully be excluded, you release Shopify and its affiliates from claims, damages and liabilities arising from or related solely to your purchases and transactions with Humi.
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, which can be viewed here. By using the Services, you acknowledge that you have read those 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 through the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than the one in which you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “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 purposes. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
You also 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: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, acting reasonably, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your Feedback will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate, including after you have submitted your order.
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 Commonwealth, state, territory, local or international law, regulation or code; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us acting reasonably, may harm Humi, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others without lawful authority; (d) spam, phish, pharm, pretext, scrape or crawl the Services; (e) use any robot, spider, scraper, data gathering or extraction tools, automatic devices or processes, AI tools (including agentic AI) or other automated or manual means to access the Services except as expressly permitted by these Terms; or (f) interfere with, bypass or circumvent the security or authentication features of the Services, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable or terminate your account or access to the Services if we determine that you have breached any part of these Terms.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any 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, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.
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) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise 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 suspend or terminate this agreement or your access to the Services, or any part of them, where you materially breach these Terms, where required by law, or where reasonably necessary to protect the Services, other users or Humi. Where practicable, we will give notice. 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, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. While we take reasonable care in preparing that information, we do not warrant that it is accurate, complete or current, and any reliance you place on such information is at your own risk.
Except as expressly stated by Humi and subject to any rights you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified, the Services and all products offered through the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we do not make any representation, warranty or condition that is not expressly stated in these Terms or required by law, and we do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory warranty or other right or remedy that cannot lawfully be excluded, restricted or modified.
SECTION 17 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, and subject to any rights you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded or limited, Humi, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, will not be liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, savings, goodwill, business opportunity or data, arising from or in connection with your use of any of the Services or any products procured using the Services.
Nothing in these Terms excludes or limits liability for: (i) a failure to comply with any consumer guarantee under the Australian Consumer Law; (ii) fraud, fraudulent misrepresentation or wilful misconduct; (iii) death or personal injury caused by negligence to the extent liability cannot lawfully be excluded; or (iv) any other liability that cannot lawfully be excluded or limited.
SECTION 18 - INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Humi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against losses, damages, liabilities, claims and reasonable legal costs payable to any third party arising out of or in connection with: (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 misuse of, or access to and use of, the Services in breach of these Terms.
This indemnity does not apply to the extent that any loss, damage, liability, claim or cost was caused or contributed to by the negligence, fraud or wilful misconduct of Humi, Shopify or the other indemnified party.
We will notify you of any indemnifiable claim as soon as reasonably practicable. A failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced by the delay. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring you to assume ongoing non-monetary obligations without your prior written consent, not to be unreasonably withheld. You will cooperate, at our reasonable expense, in the defence of indemnified claims, including by providing relevant documents and information.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service 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 deemed severed from these Terms of Service. That determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services 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, except to the extent any applicable law provides otherwise.
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 these Terms or any of your rights or obligations under them without our prior written consent, and any attempted delegation, transfer or assignment will be null and void.
We may transfer, assign or novate these Terms and our rights and obligations under them as part of a sale, merger, restructure or transfer of our business or assets, or where otherwise reasonably necessary for our business, provided that doing so does not materially reduce your rights under these Terms.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services are governed by and are to be construed in accordance with the laws of Victoria, Australia.
You and Humi submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and the courts of the Commonwealth of Australia applicable in Victoria.
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 may update, change or replace any part of these Terms of Service from time to time, including to reflect changes to our business, the Services, technology or the law. We will post the updated Terms on our website. Where required by law, or where a change is material, we will take reasonable steps to notify you before the change takes effect. Changes will apply from the date specified in the notice or, if no date is specified, from the date they are posted, but they will not apply retrospectively to orders that have already been accepted unless required by law.
Your continued use of or access to the Services after any changes take effect constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service can be submitted via our Contact page.
Our contact details are posted below:
Humi Co
Suite 24018
15 Southern Cross Lane
Melbourne VIC 3000
Australia
ABN: 30 356 725 218