CtrlOps Terms of Sale and Website Use

Last updated: 8 October 2025

1. Introduction

(a) These Terms of Sale and Website Use (Terms) apply to all purchases made from CtrlOps Pty Ltd ACN 682 981 282 (CtrlOps, we, us, our) by the Customer (you, your) through our online store, and to your use of the Website.
(b) By:
1. (i) accessing and using the Website, browsing products, you agree to be bound by clauses 1 to 2 and 9 to 11; and
2. (ii) placing an Order, you agree to be bound by the entirety of these Terms.
(c) If you do not agree with any part of these Terms, you must not use the Website or purchase products from us.
(d) Our Privacy Policy and Returns Policy are available on our Website.

2. Website Use

(a) We endeavour to ensure that the products and descriptions of them on the Website and as otherwise communicated to you are accurate. We do not, however, promise or represent that the Website is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. It is your responsibility to verify that the product you have selected is suitable for your intended purposes. Please be aware that colours appear differently on different monitors.
(b) You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.
(c) You must not use the Website to:
1. (i) engage in unlawful or fraudulent behaviour;
2. (ii) mislead or deceive any person or entity;
3. (iii) interfere with the use of the Website by other users;
4. (iv) introduce malicious code or circumvent security measures on any website, network, or system; or
5. (v) use the Website in any other way we consider unacceptable.
(d) You must not access or attempt to access parts of the Website you are not authorised to access.
(e) The Website may contain links to third-party websites. These links are provided for convenience only, and we do not endorse or accept responsibility for the content of any linked websites.
(f) All intellectual property rights in the Website, including in the design, text, graphics, logos, icons, sound recordings, algorithms and all software relating to the Website, belong to CtrlOps or are licensed by CtrlOps.
(g) When you access the Website, you are granted a limited, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Website in the form provided. You are only permitted to access the Website through the proper use of the functionality of the Website in accordance with these Terms. The licence to use the Website is subject to your strict compliance with these Terms, and to any territorial restrictions that may apply from time to time.
(h) Any review or testimonial you submit to the Website (Review) must comply with these Terms and must not:
1. (i) contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
2. (ii) be used to solicit or promote business or custom or present commercial activities or unlawful activity; or
3. (iii) infringe the intellectual property rights of any third parties.
Views expressed by other users on the Website do not represent our views. We reserve the right to monitor all Reviews and to remove any Reviews that do not comply with this clause.

3. User Accounts

(a) You can create a user account with us by completing the sign-up process through our Website and providing the requested information.
(b) If you create an account with us, you acknowledge and agree that you are responsible for maintaining the confidentiality of your account details and that you must not disclose your account details to third parties. If you know or suspect that any person other than you has your account details, please promptly email us at support@ctrlops.com.au.
(c) We reserve the right to disable your account at any time if we believe (acting reasonably) that you have failed to comply with any of the provision of these Terms.

4. Orders

(a) All orders placed through the CtrlOps Website are offers by you to purchase goods in accordance with these Terms (Order).
(b) Orders are subject to acceptance by CtrlOps, and are not binding on CtrlOps until we confirm acceptance in writing.
(c) We may accept an Order in full or in part.
(d) We reserve the right to cancel or vary an Order prior to dispatch if the product is unavailable, if there has been a pricing or description error, or if we reasonably suspect fraudulent or unlawful activity. Where an Order is cancelled by us before dispatch, we will refund you the price paid for the product (Purchase Price) in full.
(e) You may modify or cancel an Order prior to dispatch. We cannot modify or cancel Orders once the product has been dispatched. If you cancel an Order prior to dispatch, we will arrange for a full refund of the Purchase Price made to us by you.
(f) While we use reasonable endeavours to maintain accurate stock counts on our Website, from time to time there may be a stock discrepancy which will result in us not being able to fulfil all products set out in an Order. In those circumstances, we will contact you about whether you would prefer to await restocking of the backordered item and have the Order shipped in full or if you would prefer for us to process a refund.

5. Pricing and Payment

(a) All prices on the CtrlOps Website are displayed in Australian dollars (AUD) and include Goods and Services Tax (GST). Payment of the Purchase Price, GST, and any delivery charges must be made in full at the time you place an Order using one of the approved payment methods offered at checkout, including Visa, Mastercard, and PayPal.
(b) From time to time, we may apply surcharges to certain payment methods, such as American Express or other premium cards. Any surcharges will be disclosed prior to payment.
(c) We may issue or promote discount codes or sales that offer a discount off the ordinary retail price of a product. To qualify for a discount or sale price, you must supply the applicable discount code at checkout or otherwise purchase products within the allotted sale period for sale prices automatically applied at checkout. Where a discount code is required, you may only use one discount code per purchase and use of a discount code may override or nullify another discount we may offer.

6. Delivery, Title and Risk

(a) We will not dispatch the products until we have received payment in full.
(b) CtrlOps aims to dispatch all orders within 2–5 business days after payment is received.
(c) We will use all reasonable endeavours to deliver the products to the destination specified in the Order on or before the delivery date set out in the Order. Delivery of products is complete upon their arrival at the location specified in the Order.
(d) Delivery dates and times are estimates only and may vary depending on the delivery address and carrier delays. We do not guarantee delivery dates and accept no liability for delays caused by third-party carriers.
(e) Title in the goods passes to you upon dispatch.
(f) Risk in the goods passes to you upon delivery to the address specified in your order. If you select an “Authority to Leave” option at checkout, the goods will be deemed delivered once the carrier leaves them at the specified location, and CtrlOps will not be responsible for any subsequent loss, theft, or damage.

7. Product acknowledgements

(a) You acknowledge and agree that you must only use the products in accordance with all applicable directions for use. Failure to do so may result in loss or damage, including physical injury and property damage. We are not liable for any loss or damage arising in connection with your failure to use the products in accordance with the applicable directions for use.

8. Warranties and Consumer Guarantees

(a) 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 replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
(b) To request a remedy under the Australian Consumer Law, please see our returns policy.
(c) Where goods include manufacturer warranties, these apply in addition to your statutory rights under the ACL. Information on manufacturer warranties may be provided in the product packaging or available from the manufacturer directly.

9. Limitation of Liability

Any liability of ours for any loss or damage which is not caused by a failure to comply with Australian Consumer Law, however caused (including by our negligence), suffered by you in connection with:

(a) a product is limited to, at our election:
1. (1) the Purchase Price paid by you for that Product; or
2. (2) resupply of that Product (subject to clause 9(c)); and
(b) the Website is limited to an amount equal to any payments received by us from you in connection with the Website.

(c) The limitation set out in clause 9(a) is an aggregate limit for all claims, whenever made.
(d) In circumstances where we cannot resupply the Product (for example, where the Product was one of a kind), we reserve the right to replace the Product with a product of similar value and type.
(e) To the fullest extent permitted by law, CtrlOps excludes all liability for indirect or consequential loss, including loss of profit, business opportunities, revenue, or goodwill.
(f) Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law or other applicable law that cannot be excluded.

10. Privacy

(a) Your personal information will be collected, used, and stored in accordance with our Privacy Policy.

11. General

(a) CtrlOps may amend these Terms from time to time by publishing the updated Terms on its website. We will try to give you reasonable advance notice of any changes, but in any case, subject to clause 11(b), amendments will be effective immediately upon notification on the Website and your continued use of the Website will represent an agreement by you to be bound by the Terms of Website.
(b) The amended Terms will apply to any Orders placed after the date of publication. Existing Orders will remain bound by the Terms applicable as at the date of the Order being accepted, unless CtrlOps specifically notifies otherwise.
(c) These Terms are governed by the laws of Queensland and you submit to the exclusive jurisdiction of the courts of that state and courts competent to hear appeals from those courts.
(d) If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.
(e) A failure or delay by CtrlOps in exercising a right under these Terms will not constitute a waiver of that right.
(f) Termination of these Terms will not affect clauses 2, 3, 5, 6(d), 6(e), 7 to 11 and any other clause of these Terms which is expressly or by implication intended to come into force or continue after termination.
(g) We may subcontract our obligations under these Terms.

Terms & Conditions