1. Introduction

Welcome to Total Choice Packaging. These Terms of Service (“TOS”) govern your use of our website and any related online services (collectively, the “Service”). By accessing or using our Service, you agree to be bound by these TOS. If you do not agree, please discontinue use of our Service.

1.1 Scope

These TOS apply to all visitors, users, and others who access or use our website or any associated online service. For terms governing the purchase and sale of our goods (whether online, over-the-counter, via third-party platforms, or through business-to-business arrangements), please see our separate Terms & Conditions document.

1.2 Additional Policies

Your use of our Service may also be subject to additional policies or guidelines, such as our Privacy Policy, Shipping Policy, and Return & Refund Policy, each referenced but maintained separately. By using our Service, you acknowledge and agree to review those policies as applicable.

2. Eligibility & User Representations

2.1 Age of Majority

By using our Service, you represent that you are at least the age of majority in your state or province of residence. If you allow a minor to use this Service, you accept full responsibility for their use.

2.2 Compliance with Laws

You agree to comply with all applicable local, state, and federal laws and regulations when accessing or using our Service. Any breach or violation of these TOS may result in immediate termination of your right to use the Service.

3. Prohibited Activities

You agree not to engage in any activity that:

Violates any Australian law, regulation, or local ordinance;

Infringes upon or violates our intellectual property rights or the rights of others;

Disrupts or interferes with the security or operation of the Service;

Involves the transmission of viruses, worms, or other malicious code;

Collects or tracks personal data about others without authorization;

Constitutes any false or misleading information, fraudulent activity, spam, or phishing;

Otherwise breaches these TOS.

We reserve the right to terminate your access to our Service if you engage in any of the above prohibited uses.

4. Intellectual Property

4.1 Ownership

All text, graphics, logos, images, designs, icons, product templates, and software (“Content”) featured on our Service are either owned by or licensed to Total Choice Packaging. These works are protected by Australian and international intellectual property laws.

4.2 Limited License

You are granted a limited, non-transferable, and revocable license to access and use the Content solely for your personal or internal business use. You must not modify, copy, reproduce, republish, upload, or distribute any Content without our express prior written consent.

5. Third-Party Links & Services

Our Service may include links to or integrations with third-party platforms (e.g., payment gateways or external ordering services). We have no control over such third-party sites or services and are not responsible for their content, accuracy, or practices. Any use of these platforms is at your own risk and may be subject to separate terms and conditions imposed by those third parties.

6. Disclaimer of Warranties & Consumer Guarantees

6.1 General Disclaimer

Except as required under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other applicable law, we provide our Service on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied.

6.2 Non-Excludable Guarantees

Nothing in these TOS excludes, restricts, or modifies any consumer guarantees, rights, or remedies that you may have under the CCA or other laws that cannot lawfully be excluded or limited. However, to the extent permitted by law, we exclude all other warranties and conditions.

7. Limitation of Liability

7.1 Extent of Liability

To the fullest extent permitted by law, Total Choice Packaging (including our directors, employees, or agents) shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service.

7.2 Cap on Damages

Where liability cannot be excluded, our liability under or in connection with these TOS shall be limited (at our option) to any one or more of the following: (i) providing the Service again, or (ii) paying the cost of having the Service supplied again. If a court of competent jurisdiction finds us liable for damages despite the foregoing, our total liability to you will not exceed AUD $500.00 or the amount you paid to us for use of the Service in the six (6) months prior to the cause of action, whichever is greater.

7.3 Release

You expressly agree to release Total Choice Packaging from any and all claims, demands, or damages of every kind arising out of or in any way connected with a dispute between you and any third party.

8. Indemnification

You agree to indemnify and hold harmless Total Choice Packaging, its affiliates, officers, employees, and agents from and against all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service, (b) any breach by you of these TOS, or (c) your violation of any applicable law or the rights of any third party.

9. Changes to These TOS

We reserve the right, at our sole discretion, to update, change, or replace any part of these TOS by posting updates on our website. It is your responsibility to review our website periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

10. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, if you breach these TOS. Upon termination, your right to use the Service will cease immediately, but the disclaimers, limitations of liability, and indemnities set out in these TOS will survive termination.

11. Governing Law & Dispute Resolution

11.1 Governing Law

These TOS are governed by the laws of the State of Queensland, Australia, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute arising out of or relating to these TOS shall be resolved according to the procedures set out in our Terms & Conditions (see the Dispute Resolution section).