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Terms & Conditions
Last Updated: May 9th, 2025
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
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These Terms of Use ("Terms") apply to each website that includes a link to these Terms, including this one (each referred to as a "Site" and together as the "Sites" or "VAHE WARRIOR Websites"). In these Terms of Use, "VAHE WARRIOR," "we," or "our" refer to VAHE WARRIOR and our subsidiaries and affiliates. "You," "your," and "user" pertain to any individual or entity accessing the Sites or using any e-commerce platforms available on them, as well as any mobile apps, applications, and other interactive features or services connected to the Sites.​
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These Terms and our "Privacy Policy" ("Privacy Policy") govern your use of our Site and set the terms for purchasing products offered for sale by VAHE WARRIOR (each, a "Product") on the Site. For clarity, the Site and our associated mobile apps and other applications ("Apps"), along with other interactive features or services, including our e-commerce platform services, are collectively referred to as the "Services." These Terms apply to your use of the Services, regardless of how you access them, whether via computer, mobile device, or another method; directly through our Services or through any third-party website that links to them; and regardless of whether you are a registered user or a guest.
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services. We may periodically update the Terms at our discretion. When we do, we will inform you by posting the revised Terms on the Site and/or through other communications. It is crucial that you review the Terms each time they are updated or when you use the Services. By continuing to use the Services after the updated Terms are posted, you agree to accept and agree to the changes. If you do not agree to the updated Terms, you may not use the Services anymore. As our Services evolve, we may change or discontinue any part of the Services at any time, without prior notice, at our sole discretion.
4. Supplementary Terms. Certain services, promotions, software, or content we provide may come with their own specific terms and conditions or other agreements ("Supplementary Terms") that we may outline at different times. If there is any conflict between these Supplementary Terms and any part of these Terms, the Supplementary Terms will take precedence.
5. Who May Use the Services?
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(a) Accounts. You may only access the Services if you are at least 18 years old and capable of entering into a legally binding agreement with VAHE WARRIOR, and are not otherwise prohibited from using the Services under applicable laws. Some features of the Services require you to create an account. It is crucial that you provide accurate, complete, and current information for your account and keep it updated. Failure to do so may result in the suspension or termination of your account. To safeguard your account, keep your account details and password confidential and notify us immediately if you notice any unauthorized use. You are responsible for all activities conducted under your account, including all purchase transactions. It is your sole responsibility to protect your password from unauthorized access. You must inform us promptly of any security breaches or unauthorized use of your account. You agree not to solicit, collect, or use the login credentials of other users, and you must not use another user’s account without permission.
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(b) Social Network Services Account. You have the option to create your account using your Facebook or other social network service accounts (each, an "SNS Account"). If you choose to do so, we will set up your account by retrieving certain personal details from your SNS Account, such as your name and email address, as well as other information that your SNS Account's privacy settings allow us to access. Your interaction with these third-party services is governed by the terms of use and privacy policies of the respective third parties. You agree not to share your SNS Account login information with VAHE WARRIOR or grant VAHE WARRIOR access to your SNS Account unless permitted by the applicable SNS. VAHE WARRIOR will not be responsible for any fees or usage limitations imposed by the SNS's.
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By linking your SNS Account to your VAHE WARRIOR account, you understand that VAHE WARRIOR may access, display, and store (if applicable) some of the content you have provided to and stored in your SNS Account, making it available through the Services on your account. Unless stated otherwise in these Terms, all such content will be considered User Content for the purposes of these Terms. Depending on the SNS Accounts you choose and in accordance with applicable SNS privacy settings, personal information you post to your SNS Accounts and information about your SNS network may be accessible through your account. Please be aware that if an SNS Account or its associated service becomes unavailable, or if VAHE WARRIOR’s access to such SNS Account is terminated by the third-party provider, the content from your SNS Account will no longer be available through the Services. You can disconnect your SNS Accounts from your VAHE WARRIOR account through your account service providers.
6. Product Purchasing.
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(a) Ordering and Payment. When you place an order for any Products through the Services, you agree (i) that VAHE WARRIOR, either directly or through a third-party payment processor, may charge your selected payment method (credit card, debit card, or another form of payment) for the full amount of your order, including any applicable taxes, shipping, and handling fees, for purposes of verification, pre-authorization, and payment. You also agree (ii) to be responsible for any additional fees that your bank or financial service provider may apply.
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When VAHE WARRIOR accepts your order, we will send you a confirmation email containing the details of your order along with an order number. Please reference this order number if you have any questions regarding your order.
We reserve the right to not process or to cancel your order under certain conditions, such as if your payment method is declined, if we suspect the order or request is fraudulent, or if VAHE WARRIOR determines this action is necessary at its sole discretion. Additionally, we may limit the quantity of Products in your order, extend the estimated delivery time after your order has been placed and accepted, or decline to ship a Product to you for any reason.
We have made every effort to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate.
Product descriptions may be updated or modified at any time, at our sole discretion, without prior notice. We reserve the right to discontinue any Product at any time. Any offers for any Product made through our Services are void where prohibited by law.
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The Services are designed exclusively for selling our Products directly to end consumers. Therefore, purchasing our Products for resale is strictly prohibited. Resale includes buying a Product with the intent to resell it to others, such as consumers, businesses, or any third party, or the purchase of a Product by someone that resells. If we suspect that you are engaging in resale activities, we reserve the right to take any necessary actions, including but not limited to restricting your access to purchase our Products, canceling your orders, and/or suspending or terminating your account.
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(b) Prices and Taxes. All prices for our Products displayed on the Sites are listed in Australian dollars (AUD) and Australian GST (where applicable) will be set out separately. VAHE WARRIOR is subjected to change prices at any time without prior notice. The prices shown do not include shipping, handling fees and any additional taxes. These additional charges will be communicated to you during the checkout process before you finalize your order, and you are responsible for paying these charges to VAHE WARRIOR.
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(c) Shipping and Returns. All Product purchases made through our Services are also subject to our shipping, return, and exchange policies, which can be found in the footer of our Site ("Shipping and Returns Policies"). These policies are incorporated into these Terms by reference. We encourage you to review the Shipping and Returns Policies thoroughly before completing any purchase transaction with VAHE WARRIOR. Please note that Products bought through unauthorized vendors are not eligible for return or exchange.
7. Your Content.
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(a) Posting Content. Our Services may permit you to upload or distribute various types of content, including text (such as posts or messages to others), files, documents, graphics, images, and videos. Any material (excluding Feedback) that you provide or make accessible through the Services is referred to as "User Content." VAHE WARRIOR does not assert ownership over your User Content, and nothing within these Terms limits any rights you may hold regarding your User Content.
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(b) Permissions to Your User Content. By making any User Content available through the Services, you grant VAHE WARRIOR and its affiliates, sub-licensees and assigns, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable (through one or more tiers), non-exclusive, fully paid-up, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered, including all media now known or hereafter devised. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained any appropriate consents and licenses for your use of such features and that VAHE WARRIOR and its sub-licensees are allowed to use them to the extent indicated in these Terms.​​
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(c) Your Responsibility for User Content. You are fully responsible for all of your User Content. You confirm and guarantee that you have (and will continue to have) all the necessary rights to provide us with the license to use your User Content as outlined in these Terms. You further confirm and guarantee that your User Content, your submission of such content to be shared through the Services, and any use of your User Content by VAHE WARRIOR on or through the VAHE WARRIOR Websites or Services will not infringe, misuse, or violate any third party’s intellectual property, privacy, publicity rights, or lead to any breach of applicable laws or regulations.
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(d) Your Responsibility for User Content. You have the option to delete your User Content by directly removing it from the Services. However, please note that in certain situations, some of your User Content (such as posts or comments) may not be fully erased, and copies of your User Content might still exist on the Services. To the fullest extent allowed by law, we are not responsible or liable for any removal, deletion, or failure to remove or delete your User Content.
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(e) Intellectual Property of VAHE WARRIOR. Through the Services, we may provide content that is protected by intellectual property rights. All rights to this content are retained by VAHE WARRIOR.
8. Feedback.​ We appreciate your feedback on our Services and Products, but we kindly ask that you do not submit any suggestions for improvements, creative ideas, designs, pitch portfolios, or other materials (collectively referred to as "Unsolicited Ideas"). This policy is in place to prevent any potential conflicts or misunderstandings if our Services or Products appear similar to ideas submitted by others. It's possible that we are currently working on, have already developed, or may develop in the future, concepts or materials that are similar to Unsolicited Ideas submitted to us. If you choose to disregard this policy and submit your Unsolicited Ideas anyway, you automatically grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any intellectual property rights you own or control. This license allows us to use, reproduce, modify, create derivative works from, manufacture, sell, offer for sale, import, or otherwise exploit those Unsolicited Ideas for any purpose, without any obligation to compensate you.
9. General Prohibitions and VAHE WARRIOR's Enforcement Rights. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that:
(i) infringes, misuses, or violates any third party’s patent, copyright, trademark, trade secret, moral rights, intellectual property rights, publicity rights, or privacy rights;
(ii) breaches, or encourages actions that would breach, any applicable law or regulation or could lead to civil liability;
(iii) is fraudulent, inaccurate, misleading, or deceptive;
(iv) is defamatory, obscene, sexually explicit, vulgar, or offensive in nature;
(v) encourages discrimination, bigotry, racism, hatred, harassment, or harm toward any individual or group;
(vi) is violent, threatening, or promotes actions or violence that could harm any person or entity;
(vii) promotes illegal activities or dangerous substances.
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(b) You may not use, display, mirror, extract, scrape, copy, index, or frame the Services (including any content made available by us), or any individual part of the Services, including VAHE WARRIOR's name, any VAHE WARRIOR trademark, logo, proprietary information, or the layout and design of any page or form contained on the Site, without our express written consent.
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(c) Accessing, tampering with, or using any non-public sections of the Services, VAHE WARRIOR's computer systems, or the technical infrastructure of VAHE WARRIOR's service providers;
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(d) Attempt to investigate, examine, or test the weaknesses of any VAHE WARRIOR system or network, or bypass any security or authentication protocols;
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(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VAHE WARRIOR or any of VAHE WARRIOR's providers or any other third party (including another user) to protect the Services;
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(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VAHE WARRIOR or other generally available third-party web browsers;
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(g) Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
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(h) Use any meta tags or other hidden text or metadata utilising a VAHE WARRIOR trademark, logo URL or product name without VAHE WARRIOR's express written consent;
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(i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
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(j) Forge any part of a TCP/IP packet header or modify any source-identifying information in emails or newsgroup postings. Additionally, use the Services to send altered, misleading, or false information regarding the source.
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(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
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(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
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(m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
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(n) Impersonate or misrepresent your affiliation with any person or entity;
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(o) Violate any applicable law or regulation; or
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(p) Encourage or enable any other individual to do any of the foregoing.
VAHE WARRIOR is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Site and VAHE WARRIOR bears no responsibility for your interactions with other users of the Site. Further, VAHE WARRIOR is not party to any disputes between you and other users.
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10. Copyright Policy.​ VAHE WARRIOR respects copyright laws and expects its users to do the same. In cases where account holders repeatedly violate or are believed to repeatedly violate the rights of copyright owners, it is our policy to terminate such accounts where appropriate. In compliance with copyright laws, VAHE WARRIOR will respond promptly to any claims of copyright infringement that occur on or through the Site. If you believe your copyrighted material has been used without your permission, you may report alleged infringements taking place on or through the Site by following the process outlined below.
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If you are the copyright holder, authorised to act on behalf of one, or possess exclusive rights under copyright, you should submit a formal notice of infringement to VAHE WARRIOR. Upon receiving the notice, we will take the action we consider appropriate, which may include removing the allegedly infringing content from the Site.
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To submit a copyright infringement notice, please provide us with the following written information:
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Clearly identify the copyrighted work that you believe has been infringed. If this Notice covers multiple copyrighted works, you can provide a representative list of the works you claim have been infringed.
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Specify the material that you believe is infringing (or is involved in infringing activity) and should be removed, or access to which should be disabled. Provide sufficient details so that we can locate the material, including, where applicable, the URL of the link on the Site where the material is available.
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Include your mailing address, telephone number, and, if available, your email address.
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Ensure the following statements are included in the body of the Notice:
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"I declare that I have a good faith belief that the use of the copyrighted material in question is not authorised by the copyright owner, their agent, or the law (e.g., as fair dealing)."
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"I declare that the information provided in this Notice is accurate and, under penalty of perjury, that I am the copyright owner or am authorised to act on behalf of the copyright owner, or hold an exclusive right that has allegedly been infringed."
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Provide your full legal name and either your electronic or physical signature.
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By Email: vahewarrior@gmail.com (please include "Copyright Notice" in the subject line)
Important Notice: The contact details above are solely provided for the purpose of reporting alleged copyright infringements occurring on the Site. Any other inquiries, such as questions about Products or Services, will not be responded to via this process.
11. Links to Third Party Sites or Resources.​ The Services may provide access to external third-party sites or other resources. We offer this access solely for your convenience, and we are not responsible for the content, products, or services available from those external sources or any links provided on such sites. By using any third-party resources, you acknowledge and accept full responsibility and assume all associated risks.
12. Terms Specific to VAHE WARRIOR Apps.​
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(a) If you adhere to these Terms, VAHE WARRIOR grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install the Apps on your personal devices, including computers, mobile phones, tablets, wearable devices, and other similar equipment, solely for your personal, non-commercial use. Unless explicitly allowed under these Terms, you are prohibited from: (i) copying, altering, or creating derivative works based on the Apps; (ii) distributing, transferring, sublicensing, leasing, lending, or renting the Apps to any third party; (iii) reverse engineering, decompiling, or disassembling the Apps (unless the law permits it despite these restrictions); or (iv) making the Apps accessible to multiple users through any method.
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(b) This section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to provide any maintenance or support services for the App. If the App does not meet any applicable warranty, you can contact Apple, and they may refund the purchase price of the App (if applicable). To the extent permitted by applicable law, Apple will not have any other warranty obligations in relation to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your use of it, including: (i) product liability claims; (ii) claims that the App fails to comply with any legal or regulatory requirement; and (iii) claims related to consumer protection or similar laws. Apple is also not responsible for the investigation, defense, or resolution of any third-party claims that your use of the App infringes on another party's intellectual property rights.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right to enforce them against you as a third-party beneficiary. You must also comply with any applicable third-party terms of service when using the App.
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(c) As part of the Services, you may (if enabled) receive notifications, SMS messages, alerts, emails, or other types of communications directly delivered to you either within or outside of the Apps (“Push Messages”). By choosing to enable these Push Messages, You agree to receive communications from VAHE WARRIOR through this method. Please note that depending on the plan you have with your mobile carrier, additional charges or data fees from third parties may apply in relation to receiving these Push Messages.​
13. Rating and Reviews. You may submit reviews for our Site and certain Products or Services offered through it. By submitting a review, you represent that the content is honest, personally written by you, and provided for non-commercial purposes. You also confirm that the review does not infringe upon any third-party rights, laws, or regulations. Although we may monitor reviews of our Site and Products, we do not control or endorse any review, nor can we guarantee the accuracy or authenticity of the reviews submitted.​​​​
14. Endorsements and Testimonials. You agree that any User Content you provide will adhere to: (i) applicable Australian guidelines regarding the use of testimonials and endorsements in advertising; (ii) relevant laws regarding online advertising disclosures; and (iii) any other advertising regulations required under applicable law, including those issued by the Australian Competition and Consumer Commission (ACCC).
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For example, if you have been compensated or received free Products in exchange for promoting or discussing a Product or service through the Services, or if you are an employee of a company and choose to discuss or promote that company’s Products or services through the Services, you agree to clearly disclose such relationships as required by law. You, and not VAHE WARRIOR, are solely responsible for any endorsements or testimonials you make regarding any Product or service through the Services.​
15. No Endorsement. We do not endorse any users of our Services, nor do we endorse any Products or other materials available through our Services. While these Terms require users to provide accurate information, we do not verify or attempt to verify any user's claimed identity or any other information or materials they may provide as User Content through our Services. You are solely responsible for identifying and assessing the suitability of others whom you contact via the Services, as well as evaluating the quality of any Product or the truthfulness of any content. We will not be liable for any damage or harm (including personal injury or property damage) arising from your interactions with other users. By using the Services, you agree that any legal recourse or liability you seek for the actions or omissions of other users or third parties will be limited to a claim against the specific person, entity, or third party responsible for the harm, and you agree not to impose liability on, or seek any legal remedy from VAHE WARRIOR regarding such actions or omissions.​​​
16. Termination. We reserve the right to suspend or terminate your access to and use of the Services, including the suspension of access to or termination of your account, at our sole discretion, at any time, and without prior notice to you. You can cancel your account at any time by emailing us at vahewarrior@gmail.com. Following the termination, discontinuation, or cancellation of the Services or your account, the following Sections will continue to be in effect: 6 (limited to payments due and owed to VAHE WARRIOR prior to termination), 7(b), 7(c), 7(e), 8, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23.
17. Warranty Disclaimers. The Services are provided on an "as is" basis, without any warranties of any kind. To the fullest extent permitted by law, we expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from dealings or customary trade practices. We do not guarantee that the Services will meet your expectations, or that they will be available without interruption, securely, or without errors. Furthermore, we do not make any assurances regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.
18. Indemnity. You agree to indemnify and hold VAHE WARRIOR, along with its officers, directors, employees, and agents, harmless from any claims, disputes, demands, liabilities, damages, losses, and associated costs or expenses, including reasonable legal and accounting fees. This indemnification applies to any matters arising from or related to (a) your access or use of the Services, (b) your User Content, or (c) your breach of these Terms.
19. Limitation of Liability.
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(a) TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER VAHE WARRIOR NOR ITS SERVICE PROVIDERS INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SAVINGS, BUSINESS OPPORTUNITIES, DATA, GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGES, SYSTEM FAILURES, OR THE COST OF ALTERNATIVE SERVICES, ARISING FROM OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. EVEN IF WE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY OUTLINED HERE FAILS TO FULFILL ITS PRIMARY PURPOSE.
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(b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VAHE WARRIOR’S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE Terms, OR THE USE OR INABILITY TO USE THE Services, EXCEED THE AMOUNT THAT you HAVE PAID OR ARE OBLIGATED TO PAY TO VAHE WARRIOR FOR THE USE OF THE Services, OR ONE HUNDRED DOLLARS (AUD $100) IF you HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO VAHE WARRIOR, WHICHEVER IS APPLICABLE.
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(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VAHE WARRIOR AND YOU.
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20. Governing Law and Forum Choice. These Terms and any related actions will be governed by the laws of Australia, without regard to any conflict of laws provisions. Unless otherwise expressly set out in the Dispute Resolution section of these Terms, the exclusive jurisdiction for all disputes that you and VAHE WARRIOR are not required to resolve through arbitration will be the courts of Sydney, NSW, Australia. You and VAHE WARRIOR agree to submit to the jurisdiction of the Australian courts, and both waive any objections to the venue of such courts.​
21. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. We agree that any dispute, claim, or disagreement arising out of or connected to these Terms, or related to their breach, termination, enforcement, interpretation, or validity, or any use of the Services (collectively referred to as "Disputes"), will be resolved exclusively through binding arbitration on an individual basis. This means that neither you nor VAHE WARRIOR will bring claims as part of a class action, representative action, or any consolidated proceedings. Both You and VAHE WARRIOR acknowledge that the applicable arbitration laws of Australia will govern the interpretation and enforcement of these Terms, and that by agreeing to arbitration, we both waive the right to a jury trial or participation in a class action. This arbitration clause will remain in effect even after the termination of these Terms.​
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(b) Exceptions. As exceptions to Section 18(a) above: (i) both parties may attempt to settle a Dispute in small claims court if applicable; and (ii) both parties retain the right to pursue injunctive or other equitable relief from a court to prevent or stop the infringement or misuse of our intellectual property rights.
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(c) Arbitration Process and Rules. The arbitration will be managed by an independent arbitration body, such as the Australian Centre for International Commercial Arbitration (ACICA), following its applicable rules for consumer arbitration (the “Arbitration Rules”) in effect at the time, unless modified by these Terms. You can access the Arbitration Rules on ACICA's website or by contacting them directly. To initiate arbitration, a party must file a written request for arbitration with the arbitration body and provide notice to the other party in line with the procedures set out in the Arbitration Rules. Forms for initiating arbitration are typically available on the arbitration body’s website.
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Any arbitration proceedings will occur in the area where you reside, unless both parties mutually agree on a different location. The arbitrator will have sole authority to resolve all matters regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement.
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(d) Arbitration Costs. If a dispute goes to arbitration, the costs related to filing, administration, and arbitrator fees will be governed by the rules of the arbitration body, such as the Australian Centre for International Commercial Arbitration (ACICA). VAHE WARRIOR will not attempt to reclaim any administration or arbitrator fees that we are responsible for unless the arbitrator determines that your dispute lacks merit. If we are successful in arbitration, we will cover all of our legal fees and expenses and will not seek to recover them from you. However, if you are successful, you may be entitled to have your legal fees and expenses covered, as provided under the applicable law.
(e) Injunctive and Declaratory Relief. The arbitrator will assess all matters of liability based on the merits of claims made by either party and may only award declaratory or injunctive relief to the specific party requesting it, and only to the degree required to address that party’s individual claim. Should you or we succeed on a claim and seek public injunctive relief (meaning relief that aims to prevent illegal actions that could cause future harm to the general public), the decision regarding such relief will be determined in a civil court with appropriate jurisdiction, not through arbitration. Both parties agree that any litigation concerning public injunctive relief will be suspended until individual claims are resolved in arbitration.
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(f) Class Action Waiver. YOU AND VAHE WARRIOR AGREE THAT CLAIMS MAY BE BROUGHT BY EITHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Additionally, if a dispute between the parties is resolved through arbitration, the arbitrator will not consolidate the claims of other individuals with your claims, nor will they preside over any representative or class action. Should this particular provision be found unenforceable, the entirety of this Dispute Resolution section will be considered null and void.
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(g) If VAHE WARRIOR makes any changes to the dispute resolution provisions after the date You last accepted these Terms, you may opt out of such changes by providing us with written notice (including by email to vahewarrior@gmail.com) within 30 days of the change's effective date, which will be noted in the “Last Updated” section above or in an email notification from VAHE WARRIOR. By rejecting any such changes, you agree to resolve any Dispute between you and VAHE WARRIOR according to the dispute resolution terms that were in effect at the time you last accepted these Terms.
(h) Severability. If any part of these Terms is determined to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining sections of these Terms shall continue to be in full effect.
22. General Terms.
(a) Ownership of Rights. All rights, title, and interest in the Services, including all related intellectual property rights, are exclusively owned by VAHE WARRIOR and its licensors. You recognise that the Services are safeguarded by copyright, trademark, and other applicable laws in Australia and other countries. You agree not to remove, modify, or obscure any copyright, trademark, service mark, or other proprietary rights notices that are part of or accompany the Services.
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(b) Entire Agreement. These Terms represent the complete and exclusive agreement between VAHE WARRIOR and you concerning the Services. They replace all previous oral or written agreements or understandings regarding the Services between VAHE WARRIOR and you. If any provision within these Terms is determined to be invalid or unenforceable by an arbitrator or a court with appropriate jurisdiction, that provision will be enforced to the fullest extent allowable, while the remaining provisions of these Terms will continue in full effect. You cannot assign or transfer these Terms, whether by operation of law or otherwise, without obtaining prior written consent from VAHE WARRIOR. Any unauthorised attempt to assign or transfer these Terms will be deemed null and void. VAHE WARRIOR retains the right to assign or transfer these Terms freely without any limitations. Subject to these conditions, these Terms will be binding upon and will benefit the parties, along with their successors and permitted assigns.​
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(c) Notices. Any communications or notices provided by VAHE WARRIOR under these Terms will be delivered: (i) via email; or (ii) by posting on the Site. For email notices, the receipt date will be considered the date on which such notice is sent.
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(d) Waiver of Rights. The failure of VAHE WARRIOR to enforce any right or provision within these Terms shall not be regarded as a waiver of that right or provision. Any waiver of such rights or provisions will only be effective if documented in writing and signed by an authorised representative of VAHE WARRIOR. Unless explicitly stated otherwise in these Terms, the exercise of any remedies by either party will not affect the availability of other remedies under these Terms or elsewhere.​​
23. Contact Information. ​For any inquiries related to these Terms or the Services, please reach out to us at:
VAHE WARRIOR
Australia, Sydney, NSW
vahewarrior@gmail.com