Terms of Service

These Terms of Service (“Terms”) govern your use of https://utoca.com (the “Site”) and the purchase of products from the Site. The Site is operated by Utoca / Ecomm HQ PTY LTD (“we”, “us”, “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates applicable laws or regulations
  • Attempt to gain unauthorised access to the Site, other accounts, or computer systems
  • Interfere with or disrupt the security or performance of the Site
  • Use the Site to transmit any harmful code, viruses or malicious software

We reserve the right to refuse service, terminate accounts or cancel orders at our discretion, including if we believe a user has violated these Terms.

2. Products and Orders

Product descriptions

We make reasonable efforts to describe and display our products accurately, including colours, features and specifications. However, slight variations (for example in colour or appearance due to screen settings or lighting) may occur. These minor differences do not constitute defects.

Pricing and availability

All prices on the Site are shown in the currency indicated and include or exclude taxes as specified at checkout. We may change prices or correct errors at any time without prior notice.

We do not guarantee that any product will be in stock or available at all times. We reserve the right to limit quantities of any products we offer.

Order acceptance

By placing an order on the Site, you are offering to purchase a product subject to these Terms. We may accept or reject your order at our discretion. Your order is considered accepted only when we send you a confirmation email and/or shipping confirmation.

Payment

We accept the payment methods shown at checkout. By submitting payment details, you confirm that you are authorised to use the chosen payment method and that the information provided is accurate.

3. Shipping, Delivery and Risk of Loss

Shipping and delivery times provided on the Site are estimates only and are not guaranteed. Once your order has been handed to the carrier, delays can occur for reasons outside our control (such as customs checks, local carrier issues or weather events).

Risk of loss and title for products pass to you when the order is delivered to the shipping address you provided or when the carrier marks the order as delivered.

Please review our Shipping & Returns page for more detailed information about shipping times, tracking, customs and related topics.

4. Returns, Refunds and Warranty

We offer a 30‑day money‑back guarantee and a 1‑year limited warranty against manufacturing defects on the Utoca Glow Cube, subject to the conditions described on our Shipping & Returns page.

To request a return, refund or warranty service, you must contact us first at support@utoca.com with your order number and details of the issue. Returns sent without prior contact may not be processed.

More detailed information about return eligibility, costs, and the warranty process is available on our Shipping & Returns page, which is incorporated into these Terms by reference.

5. Intellectual Property

All content on the Site, including text, images, logos, graphics, videos and design elements, is owned by or licensed to Utoca / Ecomm HQ PTY LTD and is protected by copyright, trademark and other intellectual property laws.

You may not reproduce, distribute, modify, display, sell or create derivative works from any content on the Site without our prior written permission, except for personal, non‑commercial use as permitted by law.

6. Third‑Party Services and Links

The Site may contain links to third‑party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices or policies of those third parties.

Your use of any third‑party websites or services is at your own risk and subject to their separate terms and conditions and privacy policies.

7. Disclaimer of Warranties

Except as expressly stated in these Terms or as required by law, the Site and all products and services provided through the Site are offered on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non‑infringement.

We do not warrant that the Site will be uninterrupted, error‑free, secure or free of viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by law, Utoca / Ecomm HQ PTY LTD, its directors, officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Site or purchase of products, even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms, the Site, or any products purchased through the Site will not exceed the amount you paid for the product or service at issue.

Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend and hold harmless Utoca / Ecomm HQ PTY LTD and its directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable legal fees) arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any third party’s rights.

10. Governing Law and Jurisdiction

These Terms and your use of the Site will be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law principles.

You agree that any dispute or claim arising out of or relating to these Terms, the Site, or any products purchased through the Site will be subject to the exclusive jurisdiction of the courts located in Western Australia, Australia, unless otherwise required by applicable consumer protection laws.

11. Changes to These Terms

We may update or modify these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Utoca / Ecomm HQ PTY LTD
Email: support@utoca.com
Address: PO BOX 5489, Falcon WA 6210, Australia