Terms of service

Overview

Welcome to Disaster Draft! In these Terms, "we", "us", and "our" refer to Octo-pi Pty Ltd (ACN 672 645 724), trading as Disaster Draft. We operate this store and website, including all related information, content, features, tools, products, and services (the "Services").

Disaster Draft is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy and other referenced policies, set out your rights and responsibilities when using the Services. By visiting or using our store, you agree to be bound by these Terms. If you do not agree, please do not use or access the Services.

These Terms govern your use of our online store and website and your purchase of our products. Your use of the Disaster Draft mobile app is also subject to the app's own terms and to the terms of the app store you download it from.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Section 1 – Access and Accounts

  • You must be at least 18 years old (the age of majority in Australia), or have the consent of a parent or guardian, to purchase from our store.
  • You agree to provide accurate, complete, and current information when purchasing from our store.
  • You are responsible for safeguarding your account credentials and for any activity under your account.

Section 2 – Our Products

  • We strive to display products as accurately as possible, but colours and appearances may differ depending on your device.
  • Product descriptions and availability are subject to change without notice.
  • We may discontinue or limit certain products at any time.

Section 3 – Orders

  • Placing an order is an offer to purchase. Orders are accepted only once payment is processed and confirmed.
  • We reserve the right to decline or cancel orders at our discretion.
  • All purchases are subject to our Refund & Return Policy.
  • You represent that purchases are for personal use only, not for resale.

Section 4 – Prices and Billing

  • Prices are in Australian dollars (AUD) and may change at any time without notice.
  • Taxes, shipping, handling, customs, or import duties are not included unless stated.
  • You agree to provide accurate payment details and authorise us to charge your chosen payment method.

Section 5 – Shipping and Delivery

  • All delivery times are estimates only. We are not liable for delays caused by carriers, customs, or events outside our reasonable control.
  • Risk of loss transfers to you once products are handed to the carrier, except where the law provides otherwise.

Section 6 – Intellectual Property

  • All content, logos, trademarks, designs, and media on the Services belong to Octo-pi Pty Ltd, our Burnt Kernel Studio division, or our licensors.
  • You may not copy, reproduce, or exploit our content without our prior written consent.

Section 7 – Optional Tools

We may provide access to third-party tools. These are offered "as is" without warranties, and your use is at your own risk, subject to Section 15.

Section 8 – Third-Party Links

Our Services may contain links to third-party sites. We are not responsible for their content, policies, or transactions.

Section 9 – Relationship with Shopify

Disaster Draft is powered by Shopify. However, all sales are directly between you and Octo-pi Pty Ltd (trading as Disaster Draft). Shopify is not responsible for your purchases, and by using the Services you release Shopify from related claims, to the extent permitted by law.

Section 10 – Privacy Policy

Your personal information is handled in accordance with our Privacy Policy and Shopify's Privacy Policy. Because Shopify hosts our store, your information may be processed internationally.

Section 11 – Feedback

If you provide us with feedback, reviews, or ideas, you grant us the right to use, modify, and share that content for any purpose without obligation to compensate you.

Section 12 – Errors and Omissions

We may correct product information, pricing, or availability at any time without prior notice, even after you've placed an order. If we cancel an order you've already paid for because of an error, we will refund you in full.

Section 13 – Prohibited Uses

You agree not to misuse our Services for unlawful, harmful, or disruptive purposes, including spreading malware, spamming, infringing intellectual property, or harassing others. We reserve the right to suspend or terminate accounts that violate these Terms.

Section 14 – Termination

We may suspend or terminate your access at any time without notice if you breach these Terms. Certain sections (for example, Intellectual Property, Disclaimer, Limitation of Liability, and Indemnification) survive termination.

Section 15 – Disclaimer of Warranties

Nothing in this section limits the consumer guarantees that apply under the Australian Consumer Law. Subject to those guarantees, and to the fullest extent permitted by law, our Services and products are provided "as is" and "as available" without warranties of any kind, whether express or implied, except as expressly stated.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law, Octo-pi Pty Ltd (trading as Disaster Draft) and Shopify are not liable for any indirect, incidental, special, punitive, or consequential loss or damage arising from your use of the Services or products. Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the goods or services (or paying the cost of that resupply).

Section 17 – Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Octo-pi Pty Ltd (trading as Disaster Draft), Shopify, and our affiliates against claims, losses, or damages arising from your misuse of the Services or breach of these Terms. This indemnity does not apply to the extent a loss is caused by our own breach, negligence, or failure to comply with the Australian Consumer Law.

Section 18 – Severability

If any provision of these Terms is found unenforceable, the remainder shall remain in effect.

Section 19 – Waiver & Entire Agreement

Failure to enforce any right or provision is not a waiver. These Terms constitute the full agreement between you and Octo-pi Pty Ltd (trading as Disaster Draft).

Section 20 – Assignment

You may not assign these Terms without our written consent. We may assign or transfer our rights and obligations without notice.

Section 21 – Governing Law

These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. This clause does not limit any rights you have to bring a claim under the Australian Consumer Law.

Section 22 – Headings

Headings are for convenience only and do not affect interpretation.

Section 23 – Changes to Terms

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of the changes.

Section 24 – Contact Information

Questions about these Terms? Contact us:

Octo-pi Pty Ltd trading as Disaster Draft
📧 DisasterDraftGame@gmail.com
✉️ 39 Wharf St, Tweed Heads NSW 2485, Australia

Octo-pi Pty Ltd (ACN 672 645 724) trading as Disaster Draft, through its studio division Burnt Kernel Studio (ABN 70 952 196 892). 39 Wharf St, Tweed Heads NSW 2485, Australia.